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H0266................................by JUDICIARY, RULES AND ADMINISTRATION
SEX OFFENDERS - Amends existing law to require psychosexual evaluation of a
sex offender upon conviction, if ordered by the court.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 64-5-1
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
Mader, Marley, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Sali, Schaefer, Sellman, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Boe, Henbest, Jaquet, Ringo, Robison
Absent and excused -- McKague
Floor Sponsor - Kunz
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Jud
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Darrington
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/26 Governor signed
Session Law Chapter 380
Effective: 07/01/99
H0266|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 266 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE SEX OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT TO 3 KNOW ACT; AMENDING SECTION 18-8316, IDAHO CODE, TO REQUIRE A PSYCHOSEXUAL 4 EVALUATION OF AN OFFENDER UPON CONVICTION IF ORDERED BY THE COURT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 18-8316, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 18-8316. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON CONVICTION. 9 If ordered by the court, aAn offender convicted of any 10 offense listed in section 18-8304, Idaho Code, shall submit to an evaluation 11 to be completed and submitted to the court in the form of a written report 12 from a board-certified psychiatrist or by a licensed master's or doctoral 13 level mental health professional for the court's consideration prior to sen- 14 tencing and incarceration or release on probation. The court shall select the 15 psychiatrist or a licensed master's or doctoral level mental health profes- 16 sional to perform the evaluation from a list of approved evaluators compiled 17 by the district court. A psychiatrist or licensed master's or doctoral level 18 mental health professional performing such an evaluation shall be disqualified 19 from providing any treatment ordered as a condition of any sentence, unless 20 waived by the court. For offenders convicted of an offense listed in section 21 18-8314, Idaho Code, the evaluation shall state whether it is probable that 22 the offender is a violent sexual predator. An evaluation conducted pursuant to 23 this section shall be done in accordance with the standards established by the 24 board pursuant to section 18-8314, Idaho Code.
STATEMENT OF PURPOSE
RS 09040
Upon a conviction for certain sex crimes, I.C. 18-8316
provides for a psychosexual evaluation of the defendant for the
assistance of the sentencing judge which is to address the
defendant's sexual development, sexual deviancy, sexual history,
and risk of reoffense. In respect to several enumerated offenses,
the report must also state whether it is probable that the
offender is a violent sexual predator.
In many cases this information is already known to the judge
from the defendant's criminal history and facts of the case. In
these cases, the expense, time, and effort in completing the
evaluation could be saved if the sentencing judge has the
authority to determine in appropriate cases that an evaluation is
unnecessary.
This bill will make the requirement for an evaluation
discretionary with the sentencing judge.
FISCAL NOTE
This bill will not add to the cost of state or local funds
and is anticipated to have a positive impact on county funds
which would otherwise be used to pay for unnecessary evaluations
of indigent defendants.
Contact Person:
Representative Kent Kunz
Idaho State Legislature
(208) 332-1000
Statement of Purpose/Fiscal Note H 266