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S1298................................................by JUDICIARY AND RULES
JUVENILE SEXUAL OFFENDER REGISTRATION - Adds to existing law to establish
the "Juvenile Sexual Offender Registration Notification and Community
Right-to-Know Act," to provide findings of the legislature, to provide for
a juvenile sexual offender registry, to provide for notification of duty to
register, to provide annual registration, to provide that a list be sent to
the Superintendent of Public Instruction, to provide penalties, to provide
for transfer to the adult sexual offender registry, to provide for release
from registration, to provide for treatment of juveniles convicted as
adults, to provide exemptions from civil liability for release or
nondisclosure of information and to provide penalties for vigilantism or
other misuses of information obtained under the act.
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Jud
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 33-1-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--Ingram
Absent and excused--Sorensen
Floor Sponsor - Darrington
Title apvd - to House
02/17 House intro - 1st rdg - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/19 Rls susp - PASSED - 68-0-2
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, 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, Newcomb,
Floor Sponsor - Clark, Judd
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 412
Effective: 07/01/98
S1298|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1298 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE SEX OFFENDER REGISTRATION; AMENDING TITLE 18, IDAHO CODE, 3 BY THE ADDITION OF A NEW CHAPTER 84, TITLE 18, IDAHO CODE, TO ESTABLISH 4 THE JUVENILE SEX OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT- 5 TO-KNOW ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE FINDINGS OF THE LEGISLA- 6 TURE, TO DEFINE JUVENILE SEX OFFENDER, TO PROVIDE FOR A JUVENILE SEX 7 OFFENDER REGISTRY, TO PROVIDE FOR NOTIFICATION OF DUTY TO REGISTER, TO 8 PROVIDE FOR NOTIFICATION OF DUTY TO REGISTER PRIOR TO RELEASE, TO PROVIDE 9 FOR ANNUAL REGISTRATION, TO PROVIDE THE LIST TO THE SUPERINTENDENT OF PUB- 10 LIC INSTRUCTION, TO PROVIDE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE 11 FOR TRANSFER TO THE ADULT SEX OFFENDER REGISTRY AND TO PROVIDE FOR RELEASE 12 FROM REGISTRATION, TO PROVIDE FOR TREATMENT OF JUVENILES CONVICTED AS 13 ADULTS, TO PROVIDE FOR EXEMPTIONS FROM CIVIL LIABILITY FOR RELEASE OR 14 NONDISCLOSURE OF INFORMATION AND TO PROVIDE PENALTIES FOR VIGILANTISM OR 15 OTHER MISUSE OF INFORMATION OBTAINED UNDER THE ACT. 16 Be It Enacted by the Legislature of the State of Idaho: 17 CHAPTER 84 18 JUVENILE SEX OFFENDER REGISTRATION NOTIFICATION 19 AND COMMUNITY RIGHT-TO-KNOW ACT 20 18-8401. SHORT TITLE. This chapter shall be known and may be cited as the 21 "Juvenile Sex Offender Registration Notification and Community Right-to-Know 22 Act." 23 18-8402. FINDINGS. The legislature finds that juvenile sex offenders 24 present a significant risk of reoffense and that efforts of law enforcement 25 agencies to protect communities, conduct investigations and quickly apprehend 26 offenders who commit sex offenses are impaired by the lack of information 27 available about individuals who have been convicted or adjudicated delinquent 28 of sex offenses who live within their jurisdiction. The legislature further 29 finds that providing public access to certain information about sex offenders 30 assists parents in the protection of their children. Further, such access 31 provides a means for organizations that work with youth or other vulnerable 32 populations to prevent juvenile sex offenders from threatening those served by 33 the organizations. Finally, public access assists the public to be observant 34 of convicted juvenile sex offenders in order to prevent the offenders from 35 recommitting sex crimes. Therefore, this state's policy is to assist efforts 36 of local law enforcement agencies to protect communities by requiring juvenile 37 sex offenders to register with local law enforcement agencies and to make cer- 38 tain information about juvenile sex offenders available to the public as pro- 39 vided in this chapter. 40 18-8403. DEFINITIONS. As used in this chapter, "juvenile sex offender" 41 means a person who was between fourteen (14) years of age to eighteen (18) 2 1 years of age at the time the qualifying sex offense was committed and who: 2 (1) On or after July 1, 1998, was adjudicated delinquent under the juve- 3 nile corrections act for an action that would be an offense enumerated in sec- 4 tion 18-8304, Idaho Code, if committed by an adult; or 5 (2) As of July 1, 1998, is serving formal probation, a period of deten- 6 tion, or commitment to the department of juvenile corrections as the result of 7 sentencing imposed under section 20-520, Idaho Code, for an action that would 8 be an offense enumerated in section 18-8304, Idaho Code, if committed by an 9 adult; or 10 (3) Was adjudicated delinquent in another state for an action that is 11 substantially equivalent to the offenses enumerated in section 18-8304, Idaho 12 Code, and is subject on or after July 1, 1998, to Idaho court jurisdiction 13 under the interstate compact on juveniles; or 14 (4) Is required to register in another state for having committed a sex 15 offense in that state regardless of the date of the offense or its adjudica- 16 tion. 17 18-8404. JUVENILE SEX OFFENDER REGISTRY. The department of law enforce- 18 ment shall establish and maintain within the central sex offender registry a 19 separate registry of juvenile sex offenders. The registry shall include 20 fingerprints, photographs, and information collected from submitted forms and 21 other communications relating to notice of duty to register, sex offender reg- 22 istration, and notice of address change. Information in the registry of juve- 23 nile sex offenders is subject to release to criminal justice agencies pursuant 24 to section 18-8305, Idaho Code, and to the public pursuant to section 18-8323, 25 Idaho Code. 26 18-8405. NOTIFICATION OF DUTY TO REGISTER -- PROBATION. With respect to a 27 juvenile sex offender sentenced to probation without a period of detention, 28 the court shall provide at the time of sentencing written notification of the 29 duty to register. The written notification shall be a form provided by the 30 department of law enforcement and shall be signed by the juvenile and the par- 31 ents or guardian of the juvenile. One (1) copy shall be retained by the 32 court, one (1) copy shall be provided to the offender, and one (1) copy shall 33 be submitted within three (3) working days to the central registry. 34 18-8406. NOTIFICATION OF DUTY TO REGISTER -- PRIOR TO RELEASE. With 35 respect to a juvenile sex offender sentenced to a period of detention, the 36 county shall provide, prior to release, written notification of the duty to 37 register. With respect to a juvenile sex offender committed to the custody of 38 the department of juvenile corrections, the department shall provide, prior to 39 release, written notification of the duty to register. The written notifica- 40 tion shall be a form provided by the department of law enforcement and shall 41 be signed by the juvenile and the parents or guardian of the juvenile. One 42 (1) copy shall be retained by the department of juvenile corrections, one (1) 43 copy shall be provided to the offender, and one (1) copy shall be submitted 44 within three (3) working days to the central registry. 45 18-8407. ANNUAL REGISTRATION. A juvenile sex offender, other than one 46 serving a period of detention or committed to the department of juvenile cor- 47 rections, shall be subject to annual registration and change of name or 48 address notification pursuant to sections 18-8307 and 18-8309, Idaho Code. 49 18-8408. PROVIDING LIST TO SUPERINTENDENT OF PUBLIC INSTRUCTION. The 50 department of law enforcement shall provide to the superintendent of public 3 1 instruction, quarterly and on request, a list of registered juvenile sex 2 offenders in the state. The superintendent of public instruction subsequently 3 shall notify a school district or private school regarding the enrollment of a 4 registered juvenile sex offender. The superintendent shall also notify the 5 district or school of the offender's probationary status or treatment status, 6 if known. 7 18-8409. FAILURE TO REGISTER, PENALTIES. (1) A juvenile sex offender who 8 fails to register or provide notification of a change of name or address is 9 guilty of a misdemeanor. 10 (2) A parent or guardian of a juvenile sex offender commits the misde- 11 meanor offense of failure to supervise a child if the offender fails to regis- 12 ter or provide notification of a change of name or address as required by this 13 section. A person convicted of this offense is subject to a fine of not more 14 than one thousand dollars ($1,000). 15 18-8410. TRANSFER TO ADULT REGISTRY. When a registered juvenile sex 16 offender reaches twenty-one (21) years of age, the prosecutor may petition the 17 court to transfer the offender to the adult registry, subject to the registra- 18 tion and notification provisions of chapter 83, title 18, Idaho Code. If the 19 court determines at a hearing that the juvenile sex offender is likely to pose 20 a threat to the safety of others, the court shall order that the delinquent 21 act be deemed an adult criminal conviction for the purpose of registration, 22 notification, and public information access pursuant to chapter 83, title 18, 23 Idaho Code. If no petition is filed, or if the court determines the juvenile 24 is not likely to pose a threat to the safety of others, the juvenile shall be 25 deleted from the registry. 26 18-8411. JUVENILES CONVICTED AS ADULTS. The provisions of this section do 27 not apply to a juvenile who is subject to registration and notification 28 requirements of chapter 83, title 18, Idaho Code, because the offender was 29 convicted of a sex offense as an adult. 30 18-8412. EXEMPTION FROM CIVIL LIABILITY. (1) No person or governmental 31 entity, other than those specifically charged in this chapter with a duty to 32 collect information under this chapter regarding registered sex offenders, has 33 a duty to inquire, investigate or disclose any information regarding regis- 34 tered sex offenders. 35 (2) No person or governmental entity, other than those specifically 36 charged in this chapter with an affirmative duty to provide public access to 37 information regarding registered sex offenders, shall be held liable for any 38 failure to disclose any information regarding registered sex offenders to any 39 other person or entity. 40 (3) Every person or governmental entity who, acting without malice or 41 criminal intent, obtains or disseminates information under this chapter shall 42 be immune from civil liability for any damages claimed as a result of such 43 disclosures made or received. 44 18-8413. PENALTIES FOR VIGILANTISM OR OTHER MISUSE OF INFORMATION 45 OBTAINED UNDER THIS CHAPTER. Any person who uses information obtained pursuant 46 to this chapter to commit a crime or to cause physical harm to any person or 47 damage to property shall be guilty of a misdemeanor and, in addition to any 48 other punishment, shall be subject to imprisonment in the county jail for a 49 period not to exceed one (1) year, or by a fine not to exceed one thousand 50 dollars ($1,000) or both.
STATEMENT OF PURPOSE
RS 07513C1
This legislation creates a juvenile sexual offender registry
requiring registration of juveniles who commit certain crimes
of a sexual nature and are between the ages of 14 and 18. It
also requires that schools be notified of juvenile sex
offenders enrolled in a school. The legislation provides for
public access to registry information and imposes criminal
penalties for misuse of registry information.
FISCAL NOTE
This legislation will have no fiscal impact beyond the cost of
implementing and maintaining the proposed adult registry.
There is no significant impact to counties.
CONTACT: William A. von Tagen, Deputy Attorney General
334-4140
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No. S1298