View Daily Data Tracking History
View Bill Text
View Amendment
View Statement of Purpose / Fiscal Impact
S1319aa..............................................by JUDICIARY AND RULES
SEXUAL OFFENDERS - Amends existing law to provide that the Sexual Offender
Classification Board shall review offenders scheduled for release from
incarceration; to provide for classification of recidivists as violent
sexual predators; and to provide for referral of sex offender felons on
probation or parole to the Sexual Offender Classification Board to be
reviewed for possible violent sexual predator designation.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/16 To 14th Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
02/28 3rd rdg as amen - PASSED - 33-0-2
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Hawkins, Ingram,
Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Davis, Geddes
Floor Sponsor - King-Barrutia
Title apvd - to House
02/29 House intro - 1st rdg as amen - to Jud
03/30 Rpt out - rec d/p - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
04/04 3rd rdg as amen - PASSED - 59-1-10
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher(Loertscher),
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Trail, Wood, Zimmermann
NAYS -- Ringo
Absent and excused -- Black, Clark, Deal, Linford, Mader, Marley,
Reynolds, Tilman, Wheeler, Mr Speaker
Floor Sponsor - Pearce
Title apvd - to enrol
To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 235
Effective: 04/12/00
S1319
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1319, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; AMENDING
3 SECTION 18-8314, IDAHO CODE, TO PROVIDE THAT THE BOARD SHALL REVIEW
4 OFFENDERS SCHEDULED FOR RELEASE FROM INCARCERATION, TO PROVIDE FOR CLASSI-
5 FICATION OF RECIDIVISTS AS VIOLENT SEXUAL PREDATORS AND TO PROVIDE FOR
6 REFERRAL OF SEX OFFENDER FELONS ON PROBATION OR PAROLE TO THE SEXUAL
7 OFFENDER CLASSIFICATION BOARD TO BE REVIEWED FOR POSSIBLE VIOLENT SEXUAL
8 PREDATOR DESIGNATION; AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-8314, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-8314. DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD. (1) The
13 board shall evaluate review offenders scheduled for release from incarcera-
14 tion, who were sentenced and convicted for one (1) or more of the crimes set
15 forth in sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101,
16 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code, or are recidivists as
17 defined in this chapter, for the purpose of determining whether the offender
18 should be designated as a violent sexual predator presenting a high risk of
19 reoffense.
20 (2) The board shall review offenders who were sentenced and convicted for
21 crimes enumerated in subsection (1) of this section and recidivists as defined
22 in this chapter, who have been released under supervision, for the purpose of
23 determining whether the offender should be designated as a violent sexual
24 predator presenting a high risk of reoffense. Such review shall be undertaken
25 upon request of the court having jurisdiction over the offender on probation
26 or of the parole commission if the offender has been released on parole
27 regardless of whether the offender has been reviewed by the board prior to
28 release from incarceration. For purposes of seeking a board review pursuant
29 to this subsection, the court or parole commission may consider all relevant
30 evidence including, but not limited to, the probation or parole official's
31 observations and opinions of these offenders while under supervision, in light
32 of the circumstances of the underlying offense.
33 (3) The board shall establish standards for psychosexual evaluations and
34 the qualifications for approved evaluators performing evaluations pursuant to
35 sections 18-8316 and 18-8317, Idaho Code.
36 (34) The board shall establish guidelines to determine whether an
37 offender scheduled for release is a violent sexual predator presenting a high
38 risk of reoffense. The guidelines shall be established with the assistance of
39 sexual offender treatment and law enforcement professionals who have, by edu-
40 cation, experience or training, expertise in the assessment and treatment of
41 sexual offenders.
42 (a) Factors to be used in establishment of the guidelines must be sup-
43 ported in the sexual offender assessment field as criteria reasonably
2
1 related to the risk of reoffense and be objective criteria that can be
2 gathered in a consistent and reliable manner.
3 (b) The guidelines shall include, but are not limited to, the following
4 general categories for risk assessment: seriousness of the offense,
5 offense history, whether the offense was predatory, characteristics of the
6 offender, characteristics of the victim, the relationship of the offender
7 to the victim, the number of victims and the number of violations of each
8 victim.
9 (45) If the offender has indicated an intention to reoffend if released
10 into the community and the available record reveals credible evidence to sup-
11 port this finding, then the offender shall be deemed a violent sexual predator
12 regardless of application of the guidelines.
13 (56) Once the board has made its determination, it shall set forth writ-
14 ten findings which shall include:
15 (a) The board's risk assessment and the reasons upon which the risk
16 assessment was based; and
17 (b) The board's determination whether the offender should be designated
18 as a violent sexual predator and the reasons upon which the determination
19 was based.
20 SECTION 2. An emergency existing therefor, which emergency is hereby
21 declared to exist, this act shall be in full force and effect on and after its
22 passage and approval.
AS1319
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Darrington
Seconded by King-Barrutia
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1319
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in lines 14, 15 and 16, delete "were sen-
3 tenced and convicted for one (1) or more of the crimes set forth in sections
4 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108, 18-6602,
5 18-6605 and 18-6608, Idaho Code are aggravated offenders or" and insert:
6 "were sentenced and convicted for one (1) or more of the crimes set forth in
7 sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108,
8 18-6602, 18-6605 and 18-6608, Idaho Code, or are"; in line 20 delete "are
9 aggravated offenders or" and insert: "were sentenced and convicted for crimes
10 enumerated in subsection (1) of this section and".
11 CORRECTION TO TITLE
12 On page 1, in line 5, delete "AGGRAVATED OFFENDERS AND".
STATEMENT OF PURPOSE
RS09441C1
This legislation would provide a means for felony sex offenders
to be referred back to the courtswith a recommendation that they
be reviewed by the Sexual Offender Classification Board for
consideration of violent sexual predator designation. It would
likewise provide a means forsexual offenders who have been released
to the community on parole to be referred to the Sexual Offender
Classification Board for review, even if they have previously been
reviewed and notbeen designated as violent sexual predators.
Recommendations for these referrals would bebased, at least in
part, on the probation official's observations of the sexual
offenders, who, bynature of their behavior while under supervision
present a risk to sexually reoffend.
FISCAL NOTE
The number of additional referrals resulting from this legislation to
the Sexual OffenderClassification Board is projected to be less than
five (5) sexual offenders per year. Impact onstate funds is
anticipated as being less than one hundred dollars ($100) to
accomplish central sexoffender registry data entry for newly
classified offenders.
CONTACT Name: Kathy Baird
Agency: Department of Correction
Phone: 658-2149
Statement of Purpose/Fiscal Impact S131