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S1297aa..............................................by JUDICIARY AND RULES
SEXUAL OFFENDER REGISTRATION - Repeals and amends existing law to establish
the "Sexual Offender Registration and Notification Act," to provide
legislative findings, to provide a central registry of offenders, to
provide notice of duty to register and to provide initial registration, to
provide for local and annual registration, to provide verification of
address of violent sexual predators, to provide for release from
registration requirements and expungement, to provide penalties, to
establish the sexual offender classification board and to provide duties of
the board, to require psychosexual evaluations upon conviction and release,
to provide that offenders pay for psychosexual evaluations, to provide
judicial review, to provide registration for violent sexual predators
moving from other states, to provide public access and dissemination of
registry information, to provide penalties for vigilantism and other
misuses of information obtained under this act, to provide restrictions on
name changes of convicted sexual offenders and to exempt from public
disclosure the voting records of the Sexual Offender Classification Board.
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Jud
02/03 Rpt out - to 14th Ord
02/05 Rpt out amen - to engros
02/06 Rpt engros - 1st rdg - to 2nd rdg as amen
02/09 2nd rdg - to 3rd rdg as amen
02/12 3rd rdg as amen - PASSED - 32-2-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Ipsen, Keough, King, Lee, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--Hawkins, Ingram
Absent and excused--McLaughlin
Floor Sponsor - Darrington
Title apvd - to House
02/13 House intro - 1st rdg as amen - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 Rls susp - PASSED - 69-0-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Campbell,
Floor Sponsor - Bruneel, Simpson
Title apvd - to Senate
03/20 To enrol - rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/27 Governor signed
Session Law Chapter 411
Effective: 07/01/98
S1297|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1297, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; REPEALING 3 CHAPTER 83, TITLE 18, IDAHO CODE; AMENDING TITLE 18, IDAHO CODE, BY THE 4 ADDITION OF A NEW CHAPTER 83, TITLE 18, IDAHO CODE, TO ESTABLISH THE SEX- 5 UAL OFFENDER REGISTRATION AND NOTIFICATION ACT, TO PROVIDE A SHORT TITLE, 6 TO PROVIDE FINDINGS, TO PROVIDE DEFINITIONS, TO PROVIDE APPLICATION OF THE 7 CHAPTER, TO PROVIDE FOR A CENTRAL REGISTRY OF SEXUAL OFFENDERS, TO PROVIDE 8 NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION, TO PROVIDE FOR LOCAL 9 AND ANNUAL REGISTRATION, TO PROVIDE VERIFICATION OF ADDRESSES OF VIOLENT 10 SEXUAL PREDATORS, TO PROVIDE FOR CHANGES OF ADDRESS OR NAME, TO PROVIDE 11 FOR RELEASE FROM REGISTRATION REQUIREMENTS AND EXPUNGEMENT, TO PROVIDE 12 PENALTIES, TO ESTABLISH THE SEXUAL OFFENDER CLASSIFICATION BOARD AND TO 13 PROVIDE FOR APPOINTMENT AND TERMS, VACANCIES, CHAIRMAN, QUORUM, QUALIFICA- 14 TIONS OF MEMBERS AND COMPENSATION OF MEMBERS, TO PROVIDE FOR REMOVAL OF 15 BOARD MEMBERS, TO PROVIDE THE DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION 16 BOARD, TO PROVIDE FOR COMPLIANCE WITH OPEN MEETING LAWS, TO AUTHORIZE 17 EXECUTIVE SESSIONS AND TO REQUIRE A REPORT, TO REQUIRE PSYCHOSEXUAL EVALU- 18 ATIONS UPON CONVICTION, TO REQUIRE PSYCHOSEXUAL EVALUATIONS UPON RELEASE, 19 TO REQUIRE OFFENDERS TO PAY FOR PSYCHOSEXUAL EVALUATION, TO PROVIDE NOTICE 20 OF THE BOARD'S DETERMINATION, TO PROVIDE FOR AN EXCEPTION TO THE REQUIRE- 21 MENT OF NOTICE OF THE BOARD'S DETERMINATION TO OFFENDER, TO PROVIDE FOR 22 JUDICIAL REVIEW, TO PROVIDE FOR VIOLENT SEXUAL PREDATORS MOVING FROM OTHER 23 STATES, TO PROVIDE FOR PUBLIC ACCESS TO INFORMATION IN THE SEXUAL OFFENDER 24 REGISTRY, TO PROVIDE FOR DISSEMINATION OF REGISTRY INFORMATION, TO PROVIDE 25 EXEMPTIONS FROM CIVIL LIABILITY IN CERTAIN CIRCUMSTANCES AND TO PROVIDE 26 PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF INFORMATION OBTAINED UNDER 27 THE ACT; AMENDING CHAPTER 8, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW 28 SECTION 7-805, IDAHO CODE, TO PROVIDE RESTRICTIONS ON NAME CHANGES FOR 29 CONVICTED SEXUAL OFFENDERS AND TO PROVIDE NOTICE OF NAME CHANGES OF CON- 30 VICTED SEXUAL OFFENDERS BY THE COURT GRANTING THE CHANGE; AMENDING SECTION 31 9-340, IDAHO CODE, TO EXEMPT FROM PUBLIC DISCLOSURE VOTING RECORDS OF THE 32 SEXUAL OFFENDER CLASSIFICATION BOARD AND DELETING AN EXEMPTION AND EXCEP- 33 TIONS REGARDING SEXUAL OFFENDER REGISTRATION INFORMATION; AND AMENDING 34 SECTION 67-2345, IDAHO CODE, TO ALLOW THE SEXUAL OFFENDER CLASSIFICATION 35 BOARD TO MEET IN EXECUTIVE SESSIONS. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Chapter 83, Title 18, Idaho Code, be, and the same is 38 hereby repealed. 39 SECTION 2. That Title 18, Idaho Code, be, and the same is hereby amended 40 by the addition thereto of a NEW CHAPTER , to be known and desig- 41 nated as Chapter 83, Title 18, Idaho Code, and to read as follows: 2 1 CHAPTER 83 2 SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY 3 RIGHT-TO-KNOW ACT 4 18-8301. SHORT TITLE. This chapter shall be known and may be cited as the 5 "Sexual Offender Registration Notification and Community Right-to-Know Act." 6 18-8302. FINDINGS. The legislature finds that sexual offenders present a 7 significant risk of reoffense and that efforts of law enforcement agencies to 8 protect their communities, conduct investigations and quickly apprehend 9 offenders who commit sexual offenses are impaired by the lack of current 10 information available about individuals who have been convicted of sexual 11 offenses who live within their jurisdiction. The legislature further finds 12 that providing public access to certain information about convicted sexual 13 offenders assists parents in the protection of their children. Such access 14 further provides a means for organizations that work with youth or other vul- 15 nerable populations to prevent sexual offenders from threatening those served 16 by the organizations. Finally, public access assists the community in being 17 observant of convicted sexual offenders in order to prevent them from 18 recommitting sexual crimes. Therefore, this state's policy is to assist 19 efforts of local law enforcement agencies to protect communities by requiring 20 sexual offenders to register with local law enforcement agencies and to make 21 certain information about sexual offenders available to the public as provided 22 in this chapter. 23 18-8303. DEFINITIONS. As used in this chapter: 24 (1) "Board" means the sexual offender classification board described in 25 section 18-8312, Idaho Code. 26 (2) "Central registry" means the registry of convicted sexual offenders 27 maintained by the Idaho department of law enforcement pursuant to this chap- 28 ter. 29 (3) "Department" means the Idaho department of law enforcement. 30 (4) "Incarceration" means committed to the custody of the Idaho depart- 31 ment of correction, but excluding cases where the court has retained jurisdic- 32 tion. 33 (5) "Offender" means an individual convicted of an offense listed and 34 described in section 18-8304, Idaho Code, or a substantially similar offense 35 under the laws of another state or in a federal, tribal or military court or 36 the court of another country. 37 (6) "Offense" means a sexual offense listed in section 18-8304, Idaho 38 Code. 39 (7) "Predatory" means actions directed at an individual who was selected 40 by the offender for the primary purpose of engaging in illegal sexual behav- 41 ior. 42 (8) "Psychosexual evaluation" means an evaluation which specifically 43 addresses sexual development, sexual deviancy, sexual history and risk of 44 reoffense as part of a comprehensive evaluation of an offender. 45 (9) "Residence" means the offender's present place of abode. 46 (10) "Violent sexual predator" means a person who has been convicted of an 47 offense listed in section 18-8312, Idaho Code, and who has been determined to 48 pose a risk of committing an offense or engaging in predatory sexual conduct. 49 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter 50 shall apply to any person who: 51 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a 3 1 solicitation, or a conspiracy to commit a crime provided for in section 2 18-909 (rape, infamous crime against nature, or lewd and lascivious con- 3 duct with a minor, but excluding mayhem, murder or robbery), 18-911 (rape, 4 infamous crime against nature, or lewd and lascivious conduct with a 5 minor, but excluding mayhem, murder or robbery), 18-1506 (sexual abuse of 6 a child under sixteen years of age), 18-1506A (ritualized abuse of a 7 child), 18-1507 (sexual exploitation of a child), 18-1507A (possession of 8 sexually exploitative material for other than a commercial purpose), 9 18-1508 (lewd conduct with a minor child), 18-1508A (sexual battery of a 10 minor child sixteen or seventeen years of age), 18-4003(d) (murder commit- 11 ted in perpetration of rape or in perpetration of lewd conduct with a 12 child less than twelve years of age), 18-4116 (indecent exposure, but 13 excluding a misdemeanor conviction), 18-4502 (first degree kidnapping com- 14 mitted for the purpose of rape, committing the infamous crime against 15 nature or for committing any lewd and lascivious act upon any child under 16 the age of sixteen, or for purposes of sexual gratification or arousal), 17 18-4503 (second degree kidnapping where the victim is an unrelated minor 18 child), 18-6101 (rape, but excluding 18-6101(1) where the defendant is 19 eighteen years of age or younger), 18-6108 (male rape), 18-6602 (incest), 20 18-6605 (crime against nature), or 18-6608, Idaho Code, (forcible sexual 21 penetration by use of a foreign object); 22 (b) Enters the state on or after July 1, 1993, and who has been convicted 23 of any crime, an attempt, a solicitation or a conspiracy to commit a crime 24 in another state, territory, commonwealth, or other jurisdiction of the 25 United States, including tribal courts and military courts, that is sub- 26 stantially equivalent to the offenses listed in subsection (1)(a) of this 27 section. 28 (c) Pleads guilty to or has been found guilty of a crime covered in this 29 chapter prior to July 1, 1993, and the person, as a result of the offense, 30 is incarcerated in a county jail facility or a penal facility or is under 31 probation or parole supervision, on or after July 1, 1993. 32 (2) The provisions of this chapter shall not apply to any such person 33 while the person is incarcerated in a correctional institution of the depart- 34 ment of correction, a county jail facility or committed to a mental health 35 institution of the department of health and welfare. 36 (3) A conviction for purposes of this chapter means that the person has 37 pled guilty or has been found guilty, notwithstanding the form of the judgment 38 or withheld judgment. 39 18-8305. CENTRAL REGISTRY -- NOTICE TO AGENCIES. (1) The department shall 40 establish and maintain a central sexual offender registry separate from other 41 records maintained by the department. The registry shall include, but is not 42 limited to, fingerprints, photographs, and other information collected from 43 submitted forms and other communications relating to notice of duty to regis- 44 ter, sexual offender registration and notice of address change. 45 (2) Upon receipt of information pursuant to section 18-8307, Idaho Code, 46 the department shall notify the law enforcement agencies having jurisdiction 47 where the offender resides or will reside, enter information in the central 48 registry, and transmit the appropriate information as required by the federal 49 bureau of investigation for inclusion in the national sexual offender regis- 50 try. Upon receipt of a notice of an offender changing residence to another 51 state, the department shall notify the central registry of the state to which 52 the offender is moving. The department shall adopt rules relating to provid- 53 ing notice of address changes to law enforcement agencies, developing forms, 54 operating the central registry, reviewing and correcting records, and 4 1 expunging records of persons who are deceased, whose convictions have been 2 reversed or who have been pardoned, and those for whom an order of expungement 3 or relief from registration has been entered pursuant to section 18-8310, 4 Idaho Code. 5 (3) The department shall develop and distribute to appropriate agencies 6 the standardized forms necessary for the administration of the registry and 7 shall provide appropriate agencies with instructions for completing and sub- 8 mitting the forms. The attorney general shall approve the forms and instruc- 9 tions prior to distribution. 10 18-8306. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) When a 11 person is sentenced for an offense identified in section 18-8304, Idaho Code, 12 the prosecuting attorney shall seek and the court shall order a designated law 13 enforcement agency to immediately fingerprint that person unless the person 14 has been fingerprinted and photographed previously for the same offense. 15 Fingerprints and photographs may be taken at the jail or correctional facility 16 to which the person is remanded or sentenced. The fingerprints and photographs 17 taken pursuant to this subsection shall be submitted to the department as pro- 18 vided in section 67-2911, Idaho Code. 19 (2) A person convicted of an offense identified in section 18-8304, Idaho 20 Code, and released on probation without a sentence of incarceration in a 21 county jail or correctional facility, including release pursuant to a withheld 22 judgment or release from any mental institution, shall be notified by the sen- 23 tencing court of the duty to register pursuant to the provisions of this chap- 24 ter. The written notification shall be a form provided by the department and 25 approved by the attorney general and shall be signed by the defendant. The 26 court shall retain one (1) copy, provide one (1) copy to the offender, and 27 submit one (1) copy to the central registry within three (3) working days of 28 release. 29 (3) With respect to an offender convicted of a sexual offense identified 30 in section 18-8304, Idaho Code, and sentenced to a period of incarceration in 31 a jail or correctional facility and subsequently released, placed on proba- 32 tion, or paroled, the department of correction or jail shall provide, prior to 33 release from confinement, written notification of the duty to register. The 34 written notification shall be a form provided by the department and approved 35 by the attorney general and shall be signed by the offender. The department of 36 correction or jail shall retain one (1) copy, provide one (1) copy to the 37 offender, and submit one (1) copy to the central registry within three (3) 38 working days of release. 39 (4) The sheriff of each county shall provide written notification, on a 40 form provided by the department of transportation and approved by the attorney 41 general, of the registration requirements of this chapter to any person who 42 enters this state from another jurisdiction and makes an application for a 43 license to operate a motor vehicle in this state. The written notice shall be 44 signed by the person and one (1) copy shall be retained by the sheriff's 45 office and one (1) copy shall be provided to the person. 46 (5) Notification of the duty to register as set forth in subsections (2) 47 and (3) of this section shall constitute an initial registration for the pur- 48 pose of establishing a record in the central registry. 49 (6) The notification form provided by the department and approved by the 50 attorney general shall: 51 (a) Explain the duty to register, the procedure for registration and pen- 52 alty for failure to comply with registration requirements; 53 (b) Inform the offender of the requirement to provide notice of any 54 change of address within Idaho or to another state within five (5) days of 5 1 such change; 2 (c) Inform the offender of the requirement to register in a new state 3 within ten (10) days of changing residence to that state; and 4 (d) Obtain from the offender and agency or court, information required 5 for initial registration in the central registry, as prescribed by rules 6 promulgated by the department. 7 (7) The official conducting the notice and initial registration shall 8 ensure that the notification form is complete, that the offender has read and 9 signed the form, and that a copy is forwarded to the central repository within 10 the required time period. 11 (8) Information required for initial registration in the central registry 12 shall include, but is not limited to: name and aliases of the offender; social 13 security number; physical descriptors; current address or physical description 14 of current residence; offense for which convicted, sentence and conditions of 15 release; treatment or counseling received; and risk assessment or special cat- 16 egory of offender. 17 (9) No person subject to registration shall willfully furnish false or 18 misleading information when complying with registration and notification 19 requirements of this chapter. 20 18-8307. LOCAL AND ANNUAL REGISTRATION. (1) Within ten (10) days of com- 21 ing into any county to establish residence or temporary domicile, an offender 22 shall register with the sheriff of the county. The offender thereafter shall 23 update the registration annually. If the offender intends to reside in another 24 state, the offender shall register in the other state within ten (10) days of 25 moving to that state. 26 (2) Annual registration shall be conducted as follows: 27 (a) On or about the first day of the month containing the anniversary 28 date of the initial registration, the department shall mail a non- 29 forwardable notice of annual registration to the offender's last reported 30 address; 31 (b) Within ten (10) days of the mailing date of the notice, the offender 32 shall appear in person at the office of the sheriff with jurisdiction for 33 the purpose of completing the registration process; 34 (c) If the notice is returned to the department as not delivered, the 35 department shall inform the sheriff with whom the offender last registered 36 of the returned notice. 37 (3) Registration, whether initial or annual, shall consist of a form pro- 38 vided by the department and approved by the attorney general, which shall be 39 signed by the offender and shall require the following information about the 40 offender: 41 (a) Name and all aliases which the person has used or under which the 42 person has been known; 43 (b) A complete description of the person including the date of birth and 44 social security number; 45 (c) Name of each offense enumerated in section 18-8304, Idaho Code, of 46 which the person was convicted, where each offense was committed, where 47 the person was convicted of each offense, and the name under which the 48 person was convicted of each offense; 49 (d) The name and location of each hospital, jail or penal institution to 50 which the person was committed for each offense covered under this chap- 51 ter; 52 (e) School or college enrollment; and 53 (f) Address or physical description of current residence and place of 54 employment. 6 1 (4) At the time of registration, the sheriff shall obtain a photograph 2 and fingerprints, in a manner approved by the department, and may require the 3 offender to provide full palm print impressions of each hand. An offender 4 shall pay a fee of ten dollars ($10.00) to the sheriff at the time of each 5 registration. The sheriff may waive the registration fee if the offender 6 demonstrates indigency. The fees collected under this section shall be used by 7 the sheriff to defray the costs of sexual offender registration. 8 (5) The sheriff shall forward the completed and signed form, photograph 9 and fingerprints to the department within three (3) working days of the regis- 10 tration. 11 (a) The official conducting the initial registration shall ensure that 12 the notification form is complete and that the offender has read and 13 signed the form. 14 (b) No person subject to registration shall furnish false or misleading 15 information when complying with registration and notification requirements 16 of this chapter. 17 (6) The sheriff, or appointed deputies, may visit the residence of a reg- 18 istered sexual offender within the county at any reasonable time to verify the 19 address provided at the time of registration. 20 18-8308. VERIFICATION OF ADDRESS OF VIOLENT SEXUAL PREDATOR. (1) The 21 address or physical residence of an offender designated as a violent sexual 22 predator shall be verified by the department every ninety (90) days between 23 annual registrations. 24 (2) The procedure for verification shall be as follows: 25 (a) The department shall mail a nonforwardable notice of address verifi- 26 cation quarterly, between annual registrations, to each offender desig- 27 nated as a violent sexual predator. 28 (b) Each offender designated as a violent sexual predator shall complete, 29 sign and return the notice of address verification form to the department 30 within ten (10) days of the mailing date of the notice. 31 (c) If the notice of address verification is returned to the department 32 as not delivered, the department shall notify the sheriff with whom the 33 offender designated as a violent sexual predator last registered. 34 18-8309. CHANGE OF ADDRESS OR NAME. (1) If an offender changes address 35 or actual residence, the offender shall provide written notice of the new 36 address within five (5) days after the change to the sheriff of the county 37 where the offender is required to register. The notice shall be on a form pro- 38 vided by the department. Within three (3) working days after receipt of the 39 notice, the sheriff shall forward a copy of the notice to the department. 40 (2) If an offender changes address to another state, the offender shall 41 provide written notice of the new address within five (5) days after the 42 change to the department. 43 (3) An offender whose legal name is changed by marriage, judicial order 44 or any other means shall provide written notice of the name change to the 45 sheriff and the department within five (5) days of the order, event or other 46 occurrence. 47 18-8310. RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT. (1) Any 48 person, other than one designated as a violent sexual predator, may, after a 49 period of ten (10) years from the date the person was released from incarcera- 50 tion or placed on parole, supervised release or probation, whichever is 51 greater, petition the district court for a show cause hearing to determine 52 whether the person shall be exempted from the duty to register as a sexual 7 1 offender. In the petition the petitioner shall: 2 (a) Provide clear and convincing evidence that the petitioner is not a 3 risk to commit a new violation for any violent crime or crime identified 4 in section 18-8304, Idaho Code; 5 (b) Provide an affidavit indicating that the petitioner does not have a 6 criminal charge pending nor is the petitioner knowingly under criminal 7 investigation for any violent crime or crime identified in section 8 18-8304, Idaho Code; 9 (c) Provide proof of service of such petition upon the county prosecuting 10 attorney for the county in which the application is made; and 11 (d) Provide a certified copy of the judgment of conviction which caused 12 the petitioner to report as a sexual offender. 13 The district court may grant a hearing if it finds that the petition is 14 sufficient. The court shall provide at least sixty (60) days prior notice of 15 the hearing to the petitioner and the county prosecuting attorney. 16 The court may exempt the petitioner from the reporting requirement only 17 after a hearing on the petition in open court and only upon proof by clear and 18 convincing evidence that the petitioner is not a risk to commit a new viola- 19 tion for any violent crime or crime identified in section 18-8304, Idaho Code. 20 (2) Concurrent with the entry of any order exempting the petitioner from 21 the reporting requirement, the court may further order that any information 22 regarding the petitioner be expunged from the central registry. 23 18-8311. PENALTIES. (1) An offender subject to registration who fails to 24 register or provide any notice as required by this chapter shall be guilty of 25 a felony and shall be punished by imprisonment in the state prison system for 26 a period not to exceed five (5) years and by a fine not to exceed five thou- 27 sand dollars ($5,000). If the offender is on probation or other supervised 28 release or suspension from incarceration at the time of the violation, the 29 probation or supervised release or suspension shall be revoked and the penalty 30 for violating this chapter shall be served consecutively to the offender's 31 original sentence. 32 (2) An offender subject to registration under this chapter, who willfully 33 provides false or misleading information in the registration required, shall 34 be guilty of a felony and shall be punished by imprisonment in a state prison 35 for a period not to exceed five (5) years and a fine not to exceed five thou- 36 sand dollars ($5,000). 37 18-8312. SEXUAL OFFENDER CLASSIFICATION BOARD -- APPOINTMENT -- TERMS -- 38 VACANCIES -- CHAIRMAN -- QUORUM -- QUALIFICATIONS OF MEMBERS -- COMPENSATION 39 OF MEMBERS. (1) A sexual offender classification board is hereby created 40 within the Idaho department of correction. The board shall consist of four (4) 41 members appointed by the governor by and with the advice and consent of the 42 senate. The purpose of the board shall be to assess the risk of reoffense of 43 any offender convicted and incarcerated for commission of a crime as set forth 44 in sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108, 45 18-6602, 18-6605 and 18-6608, Idaho Code, and who is scheduled to be released 46 from incarceration, to determine whether the offender should be designated a 47 violent sexual predator. To the extent practicable, the board's determination 48 shall be made prior to the offender's release from incarceration. 49 (2) The terms of the members shall expire as follows: one (1) member on 50 January 1, 2001; one (1) member on January 1, 2002; one (1) member on January 51 1, 2003; and one (1) member on January 1, 2004. Thereafter, any person 52 appointed a member of the board shall hold office for six (6) years. 53 (3) Vacancies in the membership of the board shall be filled in the same 8 1 manner in which the original appointments are made. Members appointed to a 2 vacant position shall serve the remainder of the unexpired term. 3 (4) Qualifications of members. 4 (a) At least one (1) member of the board shall have, by education, expe- 5 rience and training, expertise in the assessment and treatment of sexual 6 offenders. 7 (b) At least one (1) member of the board shall be employed in the field 8 of law enforcement and have training in the field of the behavior and 9 treatment of sexual offenders. 10 (c) At least one (1) member of the board shall be an advocate for victims 11 of offenders. 12 (5) The board shall elect a chairman from its members. 13 (6) A quorum shall exist when at least three (3) members of the board are 14 present, provided that one (1) member present has, by education, experience 15 and training, expertise in the assessment and treatment of sexual offenders. 16 (7) Members shall be compensated as provided by section 59-509(o), Idaho 17 Code. 18 18-8313. REMOVAL OF BOARD MEMBERS. The governor may remove members of the 19 board for reasons of inefficiency, neglect of duty, malfeasance in office, 20 commission of a felony or inability to perform the duties of office. 21 18-8314. DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD. (1) The 22 board shall evaluate offenders scheduled for release from incarceration, who 23 were sentenced and convicted for one (1) or more of the crimes set forth in 24 sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108, 25 18-6602, 18-6605 and 18-6608, Idaho Code, for the purpose of determining 26 whether the offender should be designated as a violent sexual predator pre- 27 senting a high risk of reoffense. 28 (2) The board shall establish standards for psychosexual evaluations and 29 the qualifications for approved evaluators performing evaluations pursuant to 30 sections 18-8316 and 18-8317, Idaho Code. 31 (3) The board shall establish guidelines to determine whether an offender 32 scheduled for release is a violent sexual predator presenting a high risk of 33 reoffense. The guidelines shall be established with the assistance of sexual 34 offender treatment and law enforcement professionals who have, by education, 35 experience or training, expertise in the assessment and treatment of sexual 36 offenders. 37 (a) Factors to be used in establishment of the guidelines must be sup- 38 ported in the sexual offender assessment field as criteria reasonably 39 related to the risk of reoffense and be objective criteria that can be 40 gathered in a consistent and reliable manner. 41 (b) The guidelines shall include, but are not limited to, the following 42 general categories for risk assessment: seriousness of the offense, 43 offense history, whether the offense was predatory, characteristics of the 44 offender, characteristics of the victim, the relationship of the offender 45 to the victim, the number of victims and the number of violations of each 46 victim. 47 (4) If the offender has indicated an intention to reoffend if released 48 into the community and the available record reveals credible evidence to sup- 49 port this finding, then the offender shall be deemed a violent sexual predator 50 regardless of application of the guidelines. 51 (5) Once the board has made its determination, it shall set forth written 52 findings which shall include: 53 (a) The board's risk assessment and the reasons upon which the risk 9 1 assessment was based; and 2 (b) The board's determination whether the offender should be designated 3 as a violent sexual predator and the reasons upon which the determination 4 was based. 5 18-8315. COMPLIANCE WITH OPEN MEETING LAW -- EXECUTIVE SESSIONS AUTHO- 6 RIZED -- REPORT REQUIRED. (1) All meetings of the board shall be held in 7 accordance with the open meeting law as provided in chapter 23, title 67, 8 Idaho Code, except: 9 (a) Consideration of and discussions pertaining to documents not subject 10 to public disclosure, such as the presentence investigation report, cer- 11 tain medical or psychological reports and any reports, orders or other 12 documents sealed by court order; 13 (b) Deliberations and decisions concerning the classification of violent 14 sexual predators; and 15 (c) Votes of individual members in arriving at the classification deci- 16 sions shall not be made public, provided that the board shall maintain a 17 record of the votes of the individual members as required in subsection 18 (2) of this section. 19 (2) A written record of the vote to classify an offender as a violent 20 sexual predator by each board member in each case reviewed by that member 21 shall be produced by the board. In accordance with section 9-340, Idaho Code, 22 the record produced by the board pursuant to this section shall be kept confi- 23 dential and privileged from disclosure, provided the record shall be made 24 available, upon request, to the governor and the chairman of the senate judi- 25 ciary and rules committee and the chairman of the house of representatives 26 judiciary, rules and administration committee, for all lawful purposes. Dis- 27 tribution of the report by a board member or an employee of the board to any 28 person not specifically listed in this section shall be a misdemeanor. 29 (3) Nothing contained in this section shall prevent any person from 30 obtaining the results of any classification action by the board without refer- 31 ence to the manner in which any member voted. This information can be 32 obtained through a public records request made to the sexual offender registry 33 maintained by the department of law enforcement. 34 (4) Nothing contained herein shall prevent the governor and chairman of 35 the senate judiciary and rules committee and the chairman of the house of rep- 36 resentatives judiciary, rules and administration committee from attending any 37 meeting including an executive session of the sexual offender classification 38 board. 39 18-8316. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON CONVICTION. An 40 offender convicted of any offense listed in section 18-8304, Idaho Code, shall 41 submit to an evaluation to be completed and submitted to the court in the form 42 of a written report from a board-certified psychiatrist or by a licensed 43 master's or doctoral level mental health professional for the court's consid- 44 eration prior to sentencing and incarceration or release on probation. The 45 court shall select the psychiatrist or a licensed master's or doctoral level 46 mental health professional to perform the evaluation from a list of approved 47 evaluators compiled by the district court. A psychiatrist or licensed 48 master's or doctoral level mental health professional performing such an eval- 49 uation shall be disqualified from providing any treatment ordered as a condi- 50 tion of any sentence, unless waived by the court. For offenders convicted of 51 an offense listed in section 18-8314, Idaho Code, the evaluation shall state 52 whether it is probable that the offender is a violent sexual predator. An 53 evaluation conducted pursuant to this section shall be done in accordance with 10 1 the standards established by the board pursuant to section 18-8314, Idaho 2 Code. 3 18-8317. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON RELEASE. Every 4 offender convicted and incarcerated for any offense listed in section 18-8314, 5 Idaho Code, and either referred for evaluation by the department or whose 6 evaluation under section 18-8316, Idaho Code, states that the offender is a 7 probable violent sexual predator, shall submit to a psychosexual evaluation. 8 The evaluation is to be performed prior to release from incarceration for the 9 purpose of assessing risk of reoffense and to determine whether the offender 10 should be designated as a violent sexual predator. These evaluations shall be 11 performed either by a board-certified psychiatrist or a licensed master's or 12 doctoral level mental health professional licensed by this state pursuant to 13 chapter 18, title 54, Idaho Code, and chapter 23, title 54, Idaho Code, 14 respectively, who has, by education, experience and training, expertise in the 15 assessment and treatment of sexual offenders. The psychiatrist or licensed 16 master's or doctoral level mental health professional performing an evaluation 17 under this section shall not be a member of the sexual offender classification 18 board at the time the evaluation is performed. The individual performing the 19 evaluation shall be disqualified from providing any treatment ordered or 20 attached as a condition of parole, unless waived by the department of correc- 21 tion. An evaluation conducted pursuant to this section shall be done in accor- 22 dance with the standards established by the board pursuant to section 18-8314, 23 Idaho Code. 24 18-8318. OFFENDER REQUIRED TO PAY FOR PSYCHOSEXUAL EVALUATION. The 25 offender shall be required to pay for the cost of the psychosexual evaluations 26 performed under this chapter, unless the offender demonstrates indigency. In 27 such case, the psychosexual evaluation performed pursuant to section 18-8316, 28 Idaho Code, shall be paid for by the county, and the evaluation performed pur- 29 suant to section 18-8317, Idaho Code, shall be paid for by the department of 30 correction. 31 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep- 32 tion identified in section 18-8320, Idaho Code, the offender and the sheriff 33 of the county in which the offender resides or intends to reside upon release 34 shall be notified by the board that an offender has been designated as a vio- 35 lent sexual predator. This notice shall be in the form of the board's written 36 findings. 37 (2) The board shall serve a copy of its written findings to the offender 38 at the same time the board serves the copy to the sheriff. 39 (3) The board's notice to the offender shall also inform the offender: 40 (a) That the offender may challenge the designation as a violent sexual 41 predator by judicial review; 42 (b) That unless application is made to the court of the county in which 43 the offender resides or intends to reside on or before the date set forth 44 in the notice, which shall be no less than fourteen (14) calendar days 45 after the notice is given, the offender shall be deemed to have waived the 46 right to challenge the designation; 47 (c) That the offender has the right to retain counsel and that counsel 48 will be provided by the court if the offender cannot afford counsel; and 49 (d) How such application should be made if counsel is not retained. If 50 counsel is not retained, a simple letter delivered to the courthouse in 51 the county of the offender's residence, which encloses a copy of the 52 board's written findings and indicates the offender's objection or dis- 11 1 agreement with it, shall suffice. 2 18-8320. EXCEPTION TO NOTICE OF BOARD'S CLASSIFICATION DETERMINATION TO 3 OFFENDER. Beginning with the effective date of this chapter, if an offender 4 avoids service of the notice of the board's designation of the offender as a 5 violent sexual predator, or if after a good faith effort to serve the 6 offender, service has not been completed within ten (10) working days of the 7 date that designation has been made, notice to the offender may be dispensed 8 with and the offender shall be deemed to have waived the right to judicial 9 review as otherwise provided in this chapter. 10 18-8321. JUDICIAL REVIEW. (1) Judicial review of an offender's challenge 11 to the designation as a violent sexual predator is civil, not criminal, and 12 remedial, not adversarial. 13 (2) Immediately upon receipt of an offender's objection or challenge to 14 the designation as a violent sexual predator, the court shall set a date for a 15 summary hearing. 16 (3) Upon notification of a date for a summary hearing, the prosecutor 17 shall forthwith turn over all papers, documents and other relevant material to 18 the court. 19 (4) Judicial review under this chapter shall be conducted as a summary, 20 in camera review proceeding, in which the court decides only whether to affirm 21 or reverse the board's designation of the offender as a violent sexual preda- 22 tor. 23 (5) The court shall have broad discretion over whether and to what extent 24 witnesses and cross-examination will be allowed. 25 (6) The rules of evidence do not apply. 26 (7) The court may rely on documentary evidence, such as expert opinions, 27 for all issues. 28 (8) Nonconviction offense, i.e., criminal activity that has not been the 29 subject of a conviction, shall be considered in review of the board's designa- 30 tion, provided that there is sufficient evidence that the nonconviction 31 offense occurred. 32 (9) Where the proof, whether in the form of reliable hearsay, affidavits, 33 or offers of live testimony, creates a genuine issue of material fact as to 34 whether the offender is a violent sexual predator, the court should convene a 35 fact-finding hearing and permit live testimony. 36 (10) The state bears the burden of presenting a prima facie case that jus- 37 tifies the designation as a violent sexual predator. 38 (11) The court shall affirm the board's determination unless persuaded by 39 a preponderance of the evidence that it does not conform to the law or the 40 guidelines. 41 (12) The offender is entitled to challenge the designation as a violent 42 sexual predator based upon two (2) grounds: 43 (a) The offender may introduce evidence that the calculation that led to 44 the designation as a violent sexual predator was incorrectly performed 45 either because of a factual error, because the offender disputes a prior 46 offense, because the variable factors were improperly determined, or for 47 similar reasons; and 48 (b) The offender may introduce evidence at the hearing that the designa- 49 tion as a violent sexual predator does not properly encapsulate the spe- 50 cific case, i.e., the offender may maintain that the case falls outside 51 the typical case of this kind and, therefore, that the offender should not 52 be designated as a violent sexual predator. 53 (13) Either party may appeal the decision of the court. 12 1 (14) Offenders who are not designated as violent sexual predators are not 2 entitled to judicial review under this section. 3 18-8322. VIOLENT SEXUAL PREDATORS MOVING FROM OTHER STATES. Offenders 4 moving to Idaho from other states who have been classified as violent sexual 5 offenders or given a substantially similar classification shall be classified 6 violent sexual offenders under this chapter. Any offender who is so classified 7 shall have the right to judicial review of the classification, but the burden 8 of proof in such proceedings shall be upon the offender. 9 18-8323. PUBLIC ACCESS TO SEXUAL OFFENDER REGISTRY INFORMATION. Informa- 10 tion within the sexual offender registry collected pursuant to this chapter is 11 subject to release only as provided by this section. 12 (1) The department or sheriff shall provide public access to information 13 contained in the central sexual offender registry by written request only. 14 The department shall promulgate rules defining the processes for providing 15 information to the public and the requirements for retention of inquiry 16 records by the department and sheriff. 17 (2) The department and sheriff will respond to requests for sexual 18 offender registry information within ten (10) working days of receipt of the 19 written request. 20 (a) Any person may inquire about a named individual by submitting an 21 information request form obtained from the department or sheriff. The 22 department shall promulgate rules outlining the methods and means of sub- 23 mitting requests. Information required for inquiry shall include the 24 individual's full name and address, or full name and date of birth. The 25 requester shall provide his full name, street address and driver's license 26 or social security number. 27 (b) Any person may request a list of registered sexual offenders by geo- 28 graphic area, such as by county or by zip code area, as determined by 29 rule, by submitting an information request form obtained from the depart- 30 ment or sheriff. The requester shall provide his full name, street address 31 and driver's license, social security number, or state identification num- 32 ber. 33 (c) Schools, organizations working with youth, women or other vulnerable 34 populations may request a statewide list or lists by geographic area 35 within the state. 36 (d) The department and sheriff may collect a fee of five dollars ($5.00) 37 for each inquiry response. 38 (e) Information to be provided includes the offender's name, address, any 39 aliases or prior names, date of birth, the crime of conviction, and the 40 place of conviction. The information provided shall also state whether the 41 offender is a violent sexual predator. 42 (f) Identity of the offender's employer or educational institution cur- 43 rently attended will not be provided for any registered sexual offender. 44 (g) Where a crime category such as "incest" may serve to identify a vic- 45 tim, that crime will be reported as section 18-5606, Idaho Code. 46 (h) Any information identifying any person related to, living with, work- 47 ing for, employing or otherwise associated with a registered sexual 48 offender shall be excluded from release. 49 (3) The department shall provide to any person, upon written request and 50 at a reasonable cost, determined by the department, a photograph of any regis- 51 tered sexual offender which the department maintains in its central sexual 52 offender registry. The department shall respond to requests for photographs 53 within ten (10) working days of receipt. 13 1 (4) Fees received by the department pursuant to this section shall be 2 deposited in the department's miscellaneous revenue fund and used to support 3 the operation of the central registry. Fees received by the sheriff pursuant 4 to this section shall be used to defray the cost of sexual offender registra- 5 tion. 6 (5) The department shall include a cautionary statement relating to com- 7 pleteness, accuracy and use of registry information when releasing information 8 to the public or noncriminal justice agencies as well as a statement concern- 9 ing the penalties provided in section 18-8326, Idaho Code, for misuse of reg- 10 istry information. 11 (6) Information released pursuant to this section may be used only for 12 the protection of the public. 13 (7) Further dissemination of registry information by any person or entity 14 shall include the cautionary statements required in subsection (5) of this 15 section. 16 18-8324. DISSEMINATION OF REGISTRY INFORMATION. (1) The department shall 17 disseminate any registration information collected under this chapter, includ- 18 ing change of address notification, to criminal justice agencies through the 19 telecommunications system established in section 19-5202, Idaho Code. Registry 20 information provided under this section shall be used only for the administra- 21 tion of criminal justice or for the protection of the public as permitted by 22 this chapter. 23 (2) The department shall provide quarterly to the superintendent of pub- 24 lic instruction and to the director of the department of health and welfare a 25 list of all sexual offenders required to register with the central registry 26 together with the address, date of birth and crime of conviction for each 27 offender listed. The superintendent may further distribute the list or por- 28 tions thereof to school districts or to schools. 29 (3) The department shall release quarterly to the public a list of 30 offenders thirty (30) days or more delinquent in maintaining registration or 31 address verification. Offenders subject to being listed include those who have 32 failed: 33 (a) To register with a sheriff after initial registration under section 34 18-8307, Idaho Code; 35 (b) To register annually as required in section 18-8307, Idaho Code; and 36 (c) To respond to an address verification notice as required in section 37 18-8308, Idaho Code. 38 (4) The department shall include a cautionary statement relating to com- 39 pleteness, accuracy and use of registry information when releasing information 40 to the public or noncriminal justice agencies as well as a statement concern- 41 ing the penalties provided in section 18-8326, Idaho Code, for misuse of reg- 42 istry information. 43 (5) Information released pursuant to this section may be used only for 44 the protection of the public. 45 (6) Further dissemination of registry information by any person or entity 46 shall include the cautionary statements required in subsection (4) of this 47 section. 48 18-8325. EXEMPTION FROM CIVIL LIABILITY. (1) No person or governmental 49 entity, other than those specifically charged in this chapter with a duty to 50 collect information under this chapter regarding registered sexual offenders, 51 has a duty to inquire, investigate or disclose any information regarding reg- 52 istered sexual offenders. 53 (2) No person or governmental entity, other than those specifically 14 1 charged in this chapter with an affirmative duty to provide public access to 2 information regarding registered sexual offenders, shall be held liable for 3 any failure to disclose any information regarding registered sexual offenders 4 to any other person or entity. 5 (3) Every person or governmental entity who, acting without malice or 6 criminal intent, obtains or disseminates information under this chapter shall 7 be immune from civil liability for any damages claimed as a result of such 8 disclosures made or received. 9 18-8326. PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF INFORMATION 10 OBTAINED UNDER THIS CHAPTER. Any person who uses information obtained pursuant 11 to this chapter to commit a crime or to cause physical harm to any person or 12 damage to property shall be guilty of a misdemeanor and, in addition to any 13 other punishment, be subject to imprisonment in the county jail for a period 14 not to exceed one (1) year, or by a fine not to exceed one thousand dollars 15 ($1,000) or both. 16 SECTION 3. That Chapter 8, Title 7, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 7-805, Idaho Code, and to read as follows: 19 7-805. RESTRICTIONS ON NAME CHANGES FOR CONVICTED SEXUAL OFFENDERS -- 20 NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL OFFENDERS. (1) No person 21 shall apply for a change of name with the intent or purpose of avoiding regis- 22 tration as a convicted sexual offender pursuant to chapter 83, title 18, Idaho 23 Code. No name change shall be granted to any person if the name change would 24 have the effect of relieving the person of the duty to register as a convicted 25 sexual offender under chapter 83, title 18, Idaho Code, or under the provi- 26 sions of similar laws enacted by another state. 27 (2) The court granting a name change to any individual required to regis- 28 ter as a convicted sexual offender pursuant to the provisions of chapter 83, 29 title 18, Idaho Code, shall provide notice of the name change to the Idaho 30 department of law enforcement, central sexual offender registry. This notice 31 shall include the offender's name prior to change, new name, social security 32 number, date of birth and last known address. 33 SECTION 4. That Section 9-340, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 9-340. RECORDS EXEMPT FROM DISCLOSURE. The following records are exempt 36 from disclosure: 37 (1) Exemption under state or federal law or court rule. 38 (a) Any public record exempt from disclosure by federal or state law or 39 federal regulations to the extent specifically provided for by such law or 40 regulation. 41 (b) Records contained in court files of judicial proceedings, the disclo- 42 sure of which is prohibited by or under rules adopted by the Idaho supreme 43 court, but only to the extent that confidentiality is provided under such 44 rules, and any drafts or other working memoranda related to judicial 45 decision-making, provided the provisions of this subsection making 46 records exempt from disclosure shall not apply to the extent that such 47 records or information contained in those records are necessary for a 48 background check on an individual that is required by federal law regulat- 49 ing the sale of firearms, guns or ammunition. 50 (2) Law enforcement records, investigatory records of agencies, worker's 15 1 compensation. 2 (a) Investigatory records of a law enforcement agency, as defined in sec- 3 tion 9-337(5), Idaho Code, under the conditions set forth in section 4 9-335, Idaho Code. 5 (b) Juvenile records of a person maintained pursuant to chapter 5, title 6 20, Idaho Code, except that facts contained in such records shall be fur- 7 nished upon request in a manner determined by the court to persons and 8 governmental and private agencies and institutions conducting pertinent 9 research studies or having a legitimate interest in the protection, wel- 10 fare and treatment of the juvenile. If the juvenile is fourteen (14) years 11 or older and is adjudicated guilty of an offense which would be a felony 12 if committed by an adult, the name, offense of which the juvenile was 13 adjudicated and disposition of the court shall be subject to disclosure. 14 Additionally, facts contained in any records of a juvenile maintained 15 under chapter 5, title 20, Idaho Code, shall be furnished upon request to 16 any school district where the juvenile is enrolled or is seeking enroll- 17 ment. 18 (c) Records of the department of correction or the commission of pardons 19 and parole to the extent that disclosure thereof would interfere with the 20 secure and orderly conduct of their operations, or the rehabilitation of 21 any person in the custody of the department of correction or on parole, or 22 would substantially prejudice or prevent the carrying out of the functions 23 of the department of correction or the commission of pardons and parole if 24 the public interest in confidentiality clearly outweighs the public inter- 25 est in disclosure. Records exempt from disclosure shall include, but not 26 be limited to, those containing the names and addresses of witnesses or 27 victims or those containing information identifying victims or witnesses. 28 (d) Voting records of the sexual offender classification board. In 29 accordance with section 18-8315, Idaho Code, the written record of the 30 vote to classify an offender as a violent sexual predator by each board 31 member in each case reviewed by that board member shall be exempt from 32 disclosure to the public and shall be made available upon request only to 33 the governor, the chairman of the senate judiciary and rules committee, 34 and the chairman of the house of representatives judiciary, rules and 35 administration committee, for all lawful purposes. 36 (e) Records of the sheriff or department of law enforcement 37 received or maintained pursuant to section 18-3302, Idaho Code, relating 38 to an applicant or licensee. 39 (ef ) Records of investigations prepared by the 40 department of health and welfare pursuant to its statutory responsibili- 41 ties dealing with the protection of children, the rehabilitation of youth, 42 adoptions and the commitment of mentally ill persons. 43 (fg ) Records including, but not limited to, 44 investigative reports, resulting from investigations conducted into com- 45 plaints of discrimination made to the Idaho human rights commission unless 46 the public interest in allowing inspection and copying of such records 47 outweighs the legitimate public or private interest in maintaining confi- 48 dentiality of such records. A person may inspect and copy documents from 49 an investigative file to which he or she is a named party if such docu- 50 ments are not otherwise prohibited from disclosure by federal law or regu- 51 lation or state law. The confidentiality of this subsection will no 52 longer apply to any record used in any judicial proceeding brought by a 53 named party to the complaint or investigation, or by the Idaho human 54 rights commission, relating to the complaint of discrimination. 55 (gh ) Records containing information obtained by 16 1 the manager of the Idaho state insurance fund pursuant to chapter 9, title 2 72, Idaho Code, from or on behalf of employers or employees contained in 3 underwriting and claims for benefits files. 4 (hi ) The worker's compensation records of the 5 Idaho industrial commission provided that the industrial commission shall 6 make such records available: 7 (i) To the parties in any worker's compensation claim and to the 8 industrial special indemnity fund of the state of Idaho; or 9 (ii) To employers and prospective employers subject to the provi- 10 sions of the Americans with disabilities act, 42 U.S.C. 12112, or 11 other statutory limitations, who certify that the information is 12 being requested with respect to a worker to whom the employer has 13 extended an offer of employment and will be used in accordance with 14 the provisions of the Americans with disabilities act, 42 U.S.C. 15 12112, or other statutory limitations; or 16 (iii) To employers and prospective employers not subject to the pro- 17 visions of the Americans with disabilities act, 42 U.S.C. 12112, or 18 other statutory limitations, provided the employer presents a written 19 authorization from the person to whom the records pertain; or 20 (iv) To others who demonstrate that the public interest in allowing 21 inspection and copying of such records outweighs the public or pri- 22 vate interest in maintaining the confidentiality of such records, as 23 determined by a civil court of competent jurisdiction. 24 (3) Privacy, personnel records, personal information, health records, 25 professional discipline. 26 (a) Except as provided in this subsection, all personnel records of a 27 current or former public official other than the public official's public 28 service or employment history, classification, pay grade and step, longev- 29 ity, gross salary and salary history, status, workplace and employing 30 agency. All other personnel information relating to a public employee or 31 applicant including, but not limited to, information regarding sex, race, 32 marital status, birth date, home address and telephone number, applica- 33 tions, testing and scoring materials, grievances, correspondence and per- 34 formance evaluations, shall not be disclosed to the public without the 35 employee's or applicant's written consent. A public official or authorized 36 representative may inspect and copy his personnel records, except for 37 material used to screen and test for employment. 38 (b) Retired employees' and retired public officials' home addresses, home 39 telephone numbers and other financial and nonfinancial membership records; 40 active and inactive member financial and membership records and mortgage 41 portfolio loan documents maintained by the public employee retirement sys- 42 tem. Financial statements prepared by retirement system staff, funding 43 agents and custodians concerning the investment of assets of the public 44 employee retirement system of Idaho are not considered confidential under 45 this chapter. 46 (c) Information and records submitted to the Idaho state lottery for the 47 performance of background investigations of employees, lottery retailers 48 and major procurement contractors; audit records of lottery retailers, 49 vendors and major procurement contractors submitted to or performed by the 50 Idaho state lottery; validation and security tests of the state lottery 51 for lottery games; business records and information submitted pursuant to 52 sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such 53 documents and information obtained and held for the purposes of lottery 54 security and investigative action as determined by lottery rules unless 55 the public interest in disclosure substantially outweighs the private need 17 1 for protection from public disclosure. 2 (d) Records of a personal nature as follows: 3 (i) Records of personal debt filed with a public agency pursuant to 4 law; 5 (ii) Personal bank records compiled by a public depositor for the 6 purpose of public funds transactions conducted pursuant to law; 7 (iii) Records of ownership of financial obligations and instruments 8 of a public agency, such as bonds, compiled by the public agency pur- 9 suant to law; 10 (iv) Records, with regard to the ownership of, or security interests 11 in, registered public obligations; 12 (v) Vital statistics records .;13(vi) Except as provided in this subsection, all information14provided to a law enforcement agency for sex offender registration15pursuant to the provisions of section 18-8306, Idaho Code:161. Such information shall be available upon request to a law17enforcement agency; and182. The information provided pursuant to the provisions of sub-19sections (1) and (3) of section 18-8306, Idaho Code, shall be20provided to any person upon written request. Such written21request shall include the name and either date of birth or22address of the person for whom the information is requested.2324 (e) Information in an income or other tax return measured by items of 25 income or sales, which is gathered by a public agency for the purpose of 26 administering the tax, except such information to the extent disclosed in 27 a written decision of the tax commission pursuant to a taxpayer protest of 28 a deficiency determination by the tax commission, under the provisions of 29 section 63-3045B, Idaho Code. 30 (f) Records of a personal nature related directly or indirectly to the 31 application for and provision of statutory services rendered to persons 32 applying for public care for the elderly, indigent, or mentally or physi- 33 cally handicapped, or participation in an environmental or a public health 34 study, provided the provisions of this subsection making records exempt 35 from disclosure shall not apply to the extent that such records or infor- 36 mation contained in those records are necessary for a background check on 37 an individual that is required by federal law regulating the sale of fire- 38 arms, guns or ammunition. 39 (g) Employment security information and unemployment insurance benefit 40 information, except that all interested parties may agree to waive the 41 exemption. 42 (h) Any personal records, other than names, business addresses and busi- 43 ness phone numbers, such as parentage, race, religion, sex, height, 44 weight, tax identification and social security numbers, financial worth or 45 medical condition submitted to any public agency pursuant to a statutory 46 requirement for licensing, certification, permit or bonding. 47 (i) Unless otherwise provided by agency rule, information obtained as 48 part of an inquiry into a person's fitness to be granted or retain a 49 license, certificate, permit, privilege, commission or position, private 50 association peer review committee records authorized in title 54, Idaho 51 Code. Any agency which has records exempt from disclosure under the provi- 52 sions of this subsection shall annually make available a statistical sum- 53 mary of the number and types of matters considered and their disposition. 54 (j) The records, finding, determinations and decision of any prelitiga- 55 tion screening panel formed under chapter 10, title 6, Idaho Code. 18 1 (k) Board of professional discipline reprimands by informal admonition 2 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 3 (l) Records of the department of health and welfare or a public health 4 district that identifies a person infected with a reportable disease. 5 (m) Records of hospital care, medical records, records of psychiatric 6 care or treatment and professional counseling records relating to an 7 individual's condition, diagnosis, care or treatment, provided the provi- 8 sions of this subsection making records exempt from disclosure shall not 9 apply to the extent that such records or information contained in those 10 records are necessary for a background check on an individual that is 11 required by federal law regulating the sale of firearms, guns or ammuni- 12 tion. 13 (4) Trade secrets, production records, appraisals, bids, proprietary 14 information. 15 (a) Trade secrets including those contained in response to public agency 16 requests for proposal, requests for clarification, requests for informa- 17 tion and similar requests. "Trade secrets" as used in this section means 18 information, including a formula, pattern, compilation, program, computer 19 program, device, method, technique, process, or unpublished or in progress 20 research that: 21 (i) Derives independent economic value, actual or potential, from 22 not being generally known to, and not being readily ascertainable by 23 proper means by other persons who can obtain economic value from its 24 disclosure or use; and 25 (ii) Is the subject of efforts that are reasonable under the circum- 26 stances to maintain its secrecy. 27 (b) Production records, sale or purchase records, catch records, mortgage 28 portfolio loan documents, or similar business records of a private concern 29 or enterprise required by law to be submitted to or inspected by a public 30 agency. Nothing in this subsection shall limit the use which can be made 31 of such information for regulatory purposes or its admissibility in any 32 enforcement proceeding. 33 (c) Records relating to the appraisal of real property, timber or mineral 34 rights prior to its acquisition, sale or lease by a public agency. 35 (d) Any estimate prepared by a public agency that details the cost of a 36 public project until such time as disclosed or bids are opened, or upon 37 award of the contract for construction of the public project. 38 (e) Examination, operating or condition reports and all documents relat- 39 ing thereto, prepared by or supplied to any public agency responsible for 40 the regulation or supervision of financial institutions including, but not 41 limited to, banks, savings and loan associations, regulated lenders, busi- 42 ness and industrial development corporations, credit unions, and insurance 43 companies, or for the regulation or supervision of the issuance of securi- 44 ties. 45 (f) Records gathered by a local agency or the Idaho department of com- 46 merce, as described in chapter 47, title 67, Idaho Code, for the specific 47 purpose of assisting a person to locate, maintain, invest in, or expand 48 business operations in the state of Idaho. 49 (g) Shipping and marketing records of commodity commissions used to eval- 50 uate marketing and advertising strategies and the names and addresses of 51 growers and shippers maintained by commodity commissions. 52 (h) Financial statements and business information and reports submitted 53 by a legal entity to a port district organized under title 70, Idaho Code, 54 in connection with a business agreement, or with a development proposal or 55 with a financing application for any industrial, manufacturing, or other 19 1 business activity within a port district. 2 (i) Names and addresses of seed companies, seed crop growers, seed crop 3 consignees, locations of seed crop fields, variety name and acreage by 4 variety. Upon the request of the owner of the proprietary variety, this 5 information shall be released to the owner. Provided, however, that if a 6 seed crop has been identified as diseased or has been otherwise identified 7 by the Idaho department of agriculture, other state departments of agri- 8 culture, or the United States department of agriculture to represent a 9 threat to that particular seed or commercial crop industry or to individ- 10 ual growers, information as to test results, location, acreage involved 11 and disease symptoms of that particular seed crop, for that growing sea- 12 son, shall be available for public inspection and copying. This exemption 13 shall not supersede the provisions of section 22-436, Idaho Code. 14 (j) Information obtained from books, records, and accounts required in 15 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 16 rapeseed commission and pertaining to the individual production records of 17 canola or rapeseed growers. 18 (k) Records of any risk retention or self-insurance program prepared in 19 anticipation of litigation or for analysis of or settlement of potential 20 or actual money damage claims against a public entity and its employees or 21 against the industrial special indemnity fund except as otherwise 22 discoverable under the Idaho or federal rules of civil procedure. These 23 records shall include, but are not limited to, claims evaluations, inves- 24 tigatory records, computerized reports of losses, case reserves, internal 25 documents and correspondence relating thereto. At the time any claim is 26 concluded, only statistical data and actual amounts paid in settlement 27 shall be deemed a public record unless otherwise ordered to be sealed by a 28 court of competent jurisdiction. Provided however, nothing in this subsec- 29 tion is intended to limit the attorney client privilege or attorney work 30 product privilege otherwise available to any public agency. 31 (l) Records of laboratory test results provided by or retained by the 32 department of agriculture's quality assurance laboratory. Nothing in this 33 subsection shall limit the use which can be made, or availability of such 34 information if used, for regulatory purposes or its admissibility in any 35 enforcement proceeding. 36 (m) Reports required to be filed under chapter 13, title 62, Idaho Code, 37 identifying electrical or natural or manufactured gas consumption data for 38 an individual customer or account. 39 (n) Voluntarily prepared environmental audits, and voluntary disclosures 40 of information submitted to an environmental agency as defined in section 41 9-803, Idaho Code, which are claimed to be confidential business informa- 42 tion. 43 (o) Computer programs developed or purchased by or for any public agency 44 for its own use. As used in this subsection, "computer program" means a 45 series of instructions or statements which permit the functioning of a 46 computer system in a manner designed to provide storage, retrieval and 47 manipulation of data from the computer system, and any associated documen- 48 tation and source material that explain how to operate the computer pro- 49 gram. Computer program does not include: 50 (i) The original data including, but not limited to, numbers, text, 51 voice, graphics and images; 52 (ii) Analysis, compilation and other manipulated forms of the origi- 53 nal data produced by use of the program; or 54 (iii) The mathematical or statistical formulas that would be used if 55 the manipulated forms of the original data were to be produced manu- 20 1 ally. 2 (5) Archaeological, endangered species, libraries, legislative, test 3 keys, miscellaneous exemptions. 4 (a) Records, maps or other records identifying the location of archaeo- 5 logical or geophysical sites or endangered species, if not already known 6 to the general public. 7 (b) Archaeological and geologic records concerning exploratory drilling, 8 logging, mining and other excavation, when such records are required to be 9 filed by statute for the time provided by statute. 10 (c) The records of a library which, when examined alone, or when examined 11 with other public records, would reveal the identity of the library patron 12 checking out, requesting, or using an item from a library. 13 (d) The material of a library, museum or archive which has been contrib- 14 uted by a private person, to the extent of any limitation that is a condi- 15 tion of the contribution. 16 (e) Test questions, scoring keys, and other data used to administer a 17 licensing examination, employment, academic or other examination or test- 18 ing procedure before the examination is given if the examination is to be 19 used again. Records establishing procedures for and instructing persons 20 administering, grading or evaluating an examination or testing procedure 21 are included in this exemption, to the extent that disclosure would create 22 a risk that the result might be affected. 23 (f) Records consisting of draft legislation and documents specifically 24 related to such draft legislation or research requests submitted to the 25 legislative services office by a member of the Idaho legislature for the 26 purpose of placing such draft legislation into a form suitable for intro- 27 duction as official proposed legislation of the legislature of the state 28 of Idaho, unless the individual legislator having submitted or requested 29 such records or research agrees to waive the provisions of confidentiality 30 provided by this subsection. 31 (g) All papers, physical and electronic records and correspondence or 32 other supporting materials comprising the work papers in the possession of 33 the legislative services office or the director of legislative performance 34 evaluations prior to release of the related final audit and all other 35 records or materials in the possession of the legislative services office 36 or the director of legislative performance evaluations that would other- 37 wise be confidential or exempt from disclosure. 38 (h) Records that identify the method by which the Idaho state tax com- 39 mission selects tax returns for audit review. 40 SECTION 5. That Section 67-2345, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 67-2345. EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in 43 this act shall be construed to prevent, upon a two-thirds (2/3) vote recorded 44 in the minutes of the meeting by individual vote, a governing body of a pub- 45 lic agency from holding an executive session during any meeting, after the 46 presiding officer has identified the authorization under this act for the 47 holding of such executive session. An executive session may be held: 48 (a) To consider hiring a public officer, employee, staff member or indi- 49 vidual agent. This paragraph does not apply to filling a vacancy in an 50 elective office; 51 (b) To consider the evaluation, dismissal or disciplining of, or to hear 52 complaints or charges brought against, a public officer, employee, staff 53 member or individual agent, or public school student; 21 1 (c) To conduct deliberations concerning labor negotiations or to acquire 2 an interest in real property which is not owned by a public agency; 3 (d) To consider records that are exempt from disclosure as provided in 4 chapter 3, title 9, Idaho Code; 5 (e) To consider preliminary negotiations involving matters of trade or 6 commerce in which the governing body is in competition with governing bod- 7 ies in other states or nations; 8 (f) To consider and advise its legal representatives in pending litiga- 9 tion or where there is a general public awareness of probable litigation; 10 (g) By the commission of pardons and parole, as provided by law ; 11 (h) By the sexual offender classification board, as provided by chapter 12 83, title 18, Idaho Code . 13 (2) Labor negotiations may be conducted in executive session if either 14 side requests closed meetings. Notwithstanding the provisions of section 15 67-2343, Idaho Code, subsequent sessions of the negotiations may continue 16 without further public notice. 17 (3) No executive session may be held for the purpose of taking any final 18 action or making any final decision.
STATEMENT OF PURPOSE
RS07500C1
This legislation overhauls the sexual offender registry to
comply with federal guidelines and to provide easier access
by the public to registry information. The legislation
provides better transfer of registry information between
states and ensures more current and accurate information on
sexual offenders is available to local law enforcement. The
proposal also provides criminal penalties for accessing
registry information for illegal purposes. Finally, the
legislation requires psychosexual evaluation of all sex
offenders at the time of sentencing.
FISCAL NOTE
In the first year, this legislation will cost the general
fund approximately $120,000.00 to implement. Thereafter,
annual costs are estimated at $95,000.00. These state costs
will be divided between the department of correction and the
department of law enforcement. The legislation will cost
counties approximately $60,000.00 per year for pre-sentence
offender evaluations for indigent offenders.
Failure to enact this legislation will cost Idaho
approximately $300,000.00 per year in federal Byrne Grant
funds and disqualification from certain new federal grant
programs. Seventy-five percent (75%) of Byrne Grant funds go
directly to or in support of legal law enforcement entities.
CONTACT: William A. vanTagen, Deputy Attorney General
334-4140
S STATEMENT OF PURPOSE / FISCAL NOTE
Bill No S 1297