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S1077................................................by JUDICIARY AND RULES
SEX OFFENDERS - REGISTRATION - Amends existing law to clarify crimes to
which requirements for sexual offender registration apply; to clarify the
number of days in which a change of address notification is required; to
provide that persons registered under the previous sexual offender
registration act must register under the current act; to clarify the number
of days in which a change of address or name must be filed; and to require
indigent offenders for whom the county has paid the cost of psychosexual
evaluation to repay the county.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Jud
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--King, Lee, Stennett
Floor Sponsor - Keough
Title apvd - to House
02/16 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Henbest, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Limbaugh, Linford, Loertscher, Mader, Marley,
McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Watson,
Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Hansen(29), Hornbeck, Lake, Tippets, Trail,
Williams, Wood
Floor Sponsor - Clark
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 302
Effective: 07/01/99
S1077|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1077 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SEXUAL OFFENDER REGISTRATION; AMENDING SECTION 18-8304, IDAHO 3 CODE, TO CLARIFY CRIMES TO WHICH REQUIREMENTS FOR SEXUAL OFFENDER REGIS- 4 TRATION APPLY; AMENDING SECTION 18-8306, IDAHO CODE, TO CLARIFY THE NUMBER 5 OF DAYS IN WHICH A CHANGE OF ADDRESS NOTIFICATION IS REQUIRED; AMENDING 6 SECTION 18-8307, IDAHO CODE, TO PROVIDE THAT PERSONS REGISTERED UNDER THE 7 PREVIOUS SEXUAL OFFENDER REGISTRATION ACT MUST REGISTER UNDER THE CURRENT 8 ACT; AMENDING SECTION 18-8309, IDAHO CODE, TO CLARIFY THE NUMBER OF DAYS 9 IN WHICH A CHANGE OF ADDRESS OR NAME MUST BE FILED; AMENDING SECTION 10 18-8317, IDAHO CODE, TO CLARIFY REFERENCES; AMENDING SECTION 18-8318, 11 IDAHO CODE, TO REQUIRE INDIGENT OFFENDERS FOR WHOM THE COUNTY HAS PAID THE 12 COST OF PSYCHOSEXUAL EVALUATION TO REPAY THE COUNTY; AND AMENDING SECTION 13 18-8323, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 18-8304, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 18-8304. APPLICATION OF CHAPTER. (1) The provisions of this chapter shall 18 apply to any person who: 19 (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a 20 solicitation, or a conspiracy to commit a crime provided for in section 21 18-909 ( assault with intent to commit rape, infamous crime 22 against nature, or lewd and lascivious conduct with a minor, but excluding 23 mayhem, murder or robbery), 18-911 ( battery with intent to commit 24 rape, infamous crime against nature, or lewd and lascivious conduct 25 with a minor, but excluding mayhem, murder or robbery), 18-1506 (sexual 26 abuse of a child under sixteen years of age), 18-1506A (ritualized abuse 27 of a child), 18-1507 (sexual exploitation of a child), 18-1507A 28 (possession of sexually exploitative material for other than a commercial 29 purpose), 18-1508 (lewd conduct with a minor child), 18-1508A (sexual bat- 30 tery of a minor child sixteen or seventeen years of age), 18-4003(d) 31 (murder committed in perpetration of rape or in perpetration of lewd con- 32 duct with a child less than twelve years of age), 18-4116 (indecent expo- 33 sure, but excluding a misdemeanor conviction), 18-4502 (first degree kid- 34 napping committed for the purpose of rape, committing the infamous crime 35 against nature or for committing any lewd and lascivious act upon any 36 child under the age of sixteen, or for purposes of sexual gratification or 37 arousal), 18-4503 (second degree kidnapping where the victim is an unre- 38 lated minor child), 18-6101 (rape, but excluding 18-6101(1) where the 39 defendant is eighteen years of age or younger), 18-6108 (male rape), 40 18-6602 (incest), 18-6605 (crime against nature), or 18-6608, Idaho Code, 41 (forcible sexual penetration by use of a foreign object); 42 (b) Enters the state on or after July 1, 1993, and who has been convicted 43 of any crime, an attempt, a solicitation or a conspiracy to commit a crime 2 1 in another state, territory, commonwealth, or other jurisdiction of the 2 United States, including tribal courts and military courts, that is sub- 3 stantially equivalent to the offenses listed in subsection (1)(a) of this 4 section. 5 (c) Pleads guilty to or has been found guilty of a crime covered in this 6 chapter prior to July 1, 1993, and the person, as a result of the offense, 7 is incarcerated in a county jail facility or a penal facility or is under 8 probation or parole supervision, on or after July 1, 1993. 9 (2) The provisions of this chapter shall not apply to any such person 10 while the person is incarcerated in a correctional institution of the depart- 11 ment of correction, a county jail facility or committed to a mental health 12 institution of the department of health and welfare. 13 (3) A conviction for purposes of this chapter means that the person has 14 pled guilty or has been found guilty, notwithstanding the form of the judgment 15 or withheld judgment. 16 SECTION 2. That Section 18-8306, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 18-8306. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) When a 19 person is sentenced for an offense identified in section 18-8304, Idaho Code, 20 the prosecuting attorney shall seek and the court shall order a designated law 21 enforcement agency to immediately fingerprint that person unless the person 22 has been fingerprinted and photographed previously for the same offense. 23 Fingerprints and photographs may be taken at the jail or correctional facility 24 to which the person is remanded or sentenced. The fingerprints and photographs 25 taken pursuant to this subsection shall be submitted to the department as pro- 26 vided in section 67-2911, Idaho Code. 27 (2) A person convicted of an offense identified in section 18-8304, Idaho 28 Code, and released on probation without a sentence of incarceration in a 29 county jail or correctional facility, including release pursuant to a withheld 30 judgment or release from any mental institution, shall be notified by the sen- 31 tencing court of the duty to register pursuant to the provisions of this chap- 32 ter. The written notification shall be a form provided by the department and 33 approved by the attorney general and shall be signed by the defendant. The 34 court shall retain one (1) copy, provide one (1) copy to the offender, and 35 submit one (1) copy to the central registry within three (3) working days of 36 release. 37 (3) With respect to an offender convicted of a sexual offense identified 38 in section 18-8304, Idaho Code, and sentenced to a period of incarceration in 39 a jail or correctional facility and subsequently released, placed on proba- 40 tion, or paroled, the department of correction or jail shall provide, prior to 41 release from confinement, written notification of the duty to register. The 42 written notification shall be a form provided by the department and approved 43 by the attorney general and shall be signed by the offender. The department of 44 correction or jail shall retain one (1) copy, provide one (1) copy to the 45 offender, and submit one (1) copy to the central registry within three (3) 46 working days of release. 47 (4) The sheriff of each county shall provide written notification, on a 48 form provided by the department of transportation and approved by the attorney 49 general, of the registration requirements of this chapter to any person who 50 enters this state from another jurisdiction and makes an application for a 51 license to operate a motor vehicle in this state. The written notice shall be 52 signed by the person and one (1) copy shall be retained by the sheriff's 53 office and one (1) copy shall be provided to the person. 3 1 (5) Notification of the duty to register as set forth in subsections (2) 2 and (3) of this section shall constitute an initial registration for the pur- 3 pose of establishing a record in the central registry. 4 (6) The notification form provided by the department and approved by the 5 attorney general shall: 6 (a) Explain the duty to register, the procedure for registration and pen- 7 alty for failure to comply with registration requirements; 8 (b) Inform the offender of the requirement to provide notice of any 9 change of address within Idaho or to another state within five (5) 10 working days of such change; 11 (c) Inform the offender of the requirement to register in a new state 12 within ten (10) days of changing residence to that state; and 13 (d) Obtain from the offender and agency or court, information required 14 for initial registration in the central registry, as prescribed by rules 15 promulgated by the department. 16 (7) The official conducting the notice and initial registration shall 17 ensure that the notification form is complete, that the offender has read and 18 signed the form, and that a copy is forwarded to the central repository within 19 the required time period. 20 (8) Information required for initial registration in the central registry 21 shall include, but is not limited to: name and aliases of the offender; social 22 security number; physical descriptors; current address or physical description 23 of current residence; offense for which convicted, sentence and conditions of 24 release; treatment or counseling received; and risk assessment or special cat- 25 egory of offender. 26 (9) No person subject to registration shall willfully furnish false or 27 misleading information when complying with registration and notification 28 requirements of this chapter. 29 SECTION 3. That Section 18-8307, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 18-8307. LOCAL AND ANNUAL REGISTRATION. (1) Within ten (10) days of com- 32 ing into any county to establish residence or temporary domicile, an offender 33 shall register with the sheriff of the county. Individuals registered 34 under the prior sex offender registration act, including those registered 35 within twelve (12) months of the effective date of this act, shall register 36 with the sheriff of the county of residence within ten (10) days of the effec- 37 tive date of this act. The offender thereafter shall update the regis- 38 tration annually. If the offender intends to reside in another state, the 39 offender shall register in the other state within ten (10) days of moving to 40 that state. 41 (2) Annual registration shall be conducted as follows: 42 (a) On or about the first day of the month containing the anniversary 43 date of the initial registration, the department shall mail a non- 44 forwardable notice of annual registration to the offender's last reported 45 address; 46 (b) Within ten (10) days of the mailing date of the notice, the offender 47 shall appear in person at the office of the sheriff with jurisdiction for 48 the purpose of completing the registration process; 49 (c) If the notice is returned to the department as not delivered, the 50 department shall inform the sheriff with whom the offender last registered 51 of the returned notice. 52 (3) Registration, whether initial or annual, shall consist of a form pro- 53 vided by the department and approved by the attorney general, which shall be 4 1 signed by the offender and shall require the following information about the 2 offender: 3 (a) Name and all aliases which the person has used or under which the 4 person has been known; 5 (b) A complete description of the person including the date of birth and 6 social security number; 7 (c) Name of each offense enumerated in section 18-8304, Idaho Code, of 8 which the person was convicted, where each offense was committed, where 9 the person was convicted of each offense, and the name under which the 10 person was convicted of each offense; 11 (d) The name and location of each hospital, jail or penal institution to 12 which the person was committed for each offense covered under this chap- 13 ter; 14 (e) School or college enrollment; and 15 (f) Address or physical description of current residence and place of 16 employment. 17 (4) At the time of registration, the sheriff shall obtain a photograph 18 and fingerprints, in a manner approved by the department, and may require the 19 offender to provide full palm print impressions of each hand. An offender 20 shall pay a fee of ten dollars ($10.00) to the sheriff at the time of each 21 registration. The sheriff may waive the registration fee if the offender 22 demonstrates indigency. The fees collected under this section shall be used by 23 the sheriff to defray the costs of sexual offender registration. 24 (5) The sheriff shall forward the completed and signed form, photograph 25 and fingerprints to the department within three (3) working days of the regis- 26 tration. 27 (a) The official conducting the initial registration shall ensure that 28 the notification form is complete and that the offender has read and 29 signed the form. 30 (b) No person subject to registration shall furnish false or misleading 31 information when complying with registration and notification requirements 32 of this chapter. 33 (6) The sheriff, or appointed deputies, may visit the residence of a reg- 34 istered sexual offender within the county at any reasonable time to verify the 35 address provided at the time of registration. 36 SECTION 4. That Section 18-8309, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 18-8309. CHANGE OF ADDRESS OR NAME. (1) If an offender changes address or 39 actual residence, the offender shall provide written notice of the new address 40 within five (5) working days after the change to the sheriff of 41 the county where the offender is required to register. The notice shall be on 42 a form provided by the department. Within three (3) working days after receipt 43 of the notice, the sheriff shall forward a copy of the notice to the depart- 44 ment. 45 (2) If an offender changes address to another state, the offender shall 46 provide written notice of the new address within five (5) working 47 days after the change to the department. 48 (3) An offender whose legal name is changed by marriage, judicial order 49 or any other means shall provide written notice of the name change to the 50 sheriff and the department within five (5) working days of the 51 order, event or other occurrence. 52 SECTION 5. That Section 18-8317, Idaho Code, be, and the same is hereby 5 1 amended to read as follows: 2 18-8317. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON RELEASE. Every 3 offender convicted and incarcerated for any offense listed in section 18-8314, 4 Idaho Code, and either referred to the board for 5 psychosexual evaluation by the department of correction or 6 whose evaluation under section 18-8316, Idaho Code, states that the offender 7 is a probable violent sexual predator, shall submit to a psychosexual evalua- 8 tion. The evaluation is to be performed prior to release from incarceration 9 for the purpose of assessing risk of reoffense and to determine whether the 10 offender should be designated as a violent sexual predator. These evaluations 11 shall be performed either by a board-certified psychiatrist or a licensed 12 master's or doctoral level mental health professional licensed by this state 13 pursuant to chapter 18, title 54, Idaho Code, and chapter 23, title 54, Idaho 14 Code, respectively, who has, by education, experience and training, expertise 15 in the assessment and treatment of sexual offenders. The psychiatrist or 16 licensed master's or doctoral level mental health professional performing an 17 evaluation under this section shall not be a member of the sexual offender 18 classification board at the time the evaluation is performed. The individual 19 performing the evaluation shall be disqualified from providing any treatment 20 ordered or attached as a condition of parole, unless waived by the department 21 of correction. An evaluation conducted pursuant to this section shall be done 22 in accordance with the standards established by the board pursuant to section 23 18-8314, Idaho Code. 24 SECTION 6. That Section 18-8318, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 18-8318. OFFENDER REQUIRED TO PAY FOR PSYCHOSEXUAL EVALUATION. The 27 offender shall be required to pay for the cost of the psychosexual evaluations 28 performed under this chapter, unless the offender demonstrates indigency. In 29 such case, the psychosexual evaluation performed pursuant to section 18-8316, 30 Idaho Code, shall be paid for by the county, and the evaluation performed 31 pursuant to section 18-8317, Idaho Code, shall be paid for by the department 32 of correction. As a condition of sentence, indigent offenders for whom 33 the county has paid the cost of evaluation performed pursuant to section 34 18-8316, Idaho Code, shall be required to repay the county for the cost. 35 36 SECTION 7. That Section 18-8323, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 18-8323. PUBLIC ACCESS TO SEXUAL OFFENDER REGISTRY INFORMATION. Informa- 39 tion within the sexual offender registry collected pursuant to this chapter is 40 subject to release only as provided by this section. 41 (1) The department or sheriff shall provide public access to information 42 contained in the central sexual offender registry by written request only. 43 The department shall promulgate rules defining the processes for providing 44 information to the public and the requirements for retention of inquiry 45 records by the department and sheriff. 46 (2) The department and sheriff will respond to requests for sexual 47 offender registry information within ten (10) working days of receipt of the 48 written request. 49 (a) Any person may inquire about a named individual by submitting an 50 information request form obtained from the department or sheriff. The 6 1 department shall promulgate rules outlining the methods and means of sub- 2 mitting requests. Information required for inquiry shall include the 3 individual's full name and address, or full name and date of birth. The 4 requester shall provide his full name, street address and driver's license 5 or social security number. 6 (b) Any person may request a list of registered sexual offenders by geo- 7 graphic area, such as by county or by zip code area, as determined by 8 rule, by submitting an information request form obtained from the depart- 9 ment or sheriff. The requester shall provide his full name, street address 10 and driver's license, social security number, or state identification num- 11 ber. 12 (c) Schools, organizations working with youth, women or other vulnerable 13 populations may request a statewide list or lists by geographic area 14 within the state. 15 (d) The department and sheriff may collect a fee of five dollars ($5.00) 16 for each inquiry response. 17 (e) Information to be provided includes the offender's name, address, any 18 aliases or prior names, date of birth, the crime of conviction, and the 19 place of conviction. The information provided shall also state whether the 20 offender is a violent sexual predator. 21 (f) Identity of the offender's employer or educational institution cur- 22 rently attended will not be provided for any registered sexual offender. 23 (g) Where a crime category such as "incest" may serve to identify a vic- 24 tim, that crime will be reported as section 18- 1 562506, Idaho Code. 26 (h) Any information identifying any person related to, living with, work- 27 ing for, employing or otherwise associated with a registered sexual 28 offender shall be excluded from release. 29 (3) The department shall provide to any person, upon written request and 30 at a reasonable cost, determined by the department, a photograph of any regis- 31 tered sexual offender which the department maintains in its central sexual 32 offender registry. The department shall respond to requests for photographs 33 within ten (10) working days of receipt. 34 (4) Fees received by the department pursuant to this section shall be 35 deposited in the department's miscellaneous revenue fund and used to support 36 the operation of the central registry. Fees received by the sheriff pursuant 37 to this section shall be used to defray the cost of sexual offender registra- 38 tion. 39 (5) The department shall include a cautionary statement relating to com- 40 pleteness, accuracy and use of registry information when releasing information 41 to the public or noncriminal justice agencies as well as a statement concern- 42 ing the penalties provided in section 18-8326, Idaho Code, for misuse of reg- 43 istry information. 44 (6) Information released pursuant to this section may be used only for 45 the protection of the public. 46 (7) Further dissemination of registry information by any person or entity 47 shall include the cautionary statements required in subsection (5) of this 48 section.
STATEMENT OF PURPOSE
RS 08518CI
This legislation makes technical corrections to the Sexual Offender Registration
Notification and Community Right-to-i'Cnow Act passed last year. The bill inserts
clarifying language in the list of crimes so that the crimes requiring registration are
accurately described. It also clarifies the length of time an offender has to register, the
duty to register and corrects a typographical error conceming a code reference. More
substantive changes include an amendment to Idaho Code 18-8307 clarifying language
concerning the applicability of the law to those registered under the prior act. Finally,
amendrnents to Idaho Code 18-8318 are included to lessen financial impact on counties
who may be called upon to pay for evaluations of indigent sex offenders.
FISCAL NOTE
There is no fiscal impact on the state general fund.
CONTACT: William A. von Tagen, Deputy Attorney General Division Chief,
Intergovernmental and Fiscal Law Division 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE S 1077