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S1320aa..............................................by JUDICIARY AND RULES
SEX OFFENDER REGISTRATION - Amends and adds to existing law to provide a
definition; to provide that recidivists are subject to lifetime
registration; to provide penalties for persons who evade service of violent
sexual predator notice; and to provide for classification of recidivists as
violent sexual predators.
01/27 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 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 - Darrington
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 - 62-1-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Denney,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher(Loertscher), Mader,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann
NAYS -- Ringo
Absent and excused -- Black, Clark, Deal, Ellsworth, Henbest, Marley,
Mr Speaker
Floor Sponsor - Hansen(23)
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 236
Effective: 07/01/00
S1320
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1320, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; AMENDING
3 SECTION 18-8303, IDAHO CODE, TO ADD A DEFINITION OF "RECIDIVIST"; AMENDING
4 SECTION 18-8310, IDAHO CODE, TO PROVIDE THAT RECIDIVISTS ARE SUBJECT TO
5 LIFETIME REGISTRATION; AMENDING SECTION 18-8311, IDAHO CODE, TO PROVIDE
6 PENALTIES FOR PERSONS WHO EVADE SERVICE OF THE VIOLENT SEXUAL PREDATOR
7 NOTICE; AMENDING SECTION 18-8314, IDAHO CODE, TO PROVIDE FOR CLASSIFICA-
8 TION OF RECIDIVISTS AS VIOLENT SEXUAL PREDATORS AND TO MAKE A TECHNICAL
9 CORRECTION; AMENDING SECTION 18-8319, IDAHO CODE, TO MAKE A TECHNICAL COR-
10 RECTION; AND PROVIDING AN EFFECTIVE DATE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 18-8303, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 18-8303. DEFINITIONS. As used in this chapter:
15 (1) "Board" means the sexual offender classification board described in
16 section 18-8312, Idaho Code.
17 (2) "Central registry" means the registry of convicted sexual offenders
18 maintained by the Idaho department of law enforcement pursuant to this chap-
19 ter.
20 (3) "Department" means the Idaho department of law enforcement.
21 (4) "Employed" means full or part-time employment exceeding ten (10) con-
22 secutive working days or for an aggregate period exceeding thirty (30) days in
23 any calendar year, or any employment which involves counseling, coaching,
24 teaching, supervising or working with minors in any way regardless of the
25 period of employment, whether such employment is financially compensated, vol-
26 unteered or performed for the purpose of any government or education benefit.
27 (5) "Incarceration" means committed to the custody of the Idaho depart-
28 ment of correction, but excluding cases where the court has retained jurisdic-
29 tion.
30 (6) "Offender" means an individual convicted of an offense listed and
31 described in section 18-8304, Idaho Code, or a substantially similar offense
32 under the laws of another state or in a federal, tribal or military court or
33 the court of another country.
34 (7) "Offense" means a sexual offense listed in section 18-8304, Idaho
35 Code.
36 (8) "Predatory" means actions directed at an individual who was selected
37 by the offender for the primary purpose of engaging in illegal sexual behav-
38 ior.
39 (9) "Psychosexual evaluation" means an evaluation which specifically
40 addresses sexual development, sexual deviancy, sexual history and risk of
41 reoffense as part of a comprehensive evaluation of an offender.
42 (10) "Recidivist" means an individual convicted two (2) or more times of
43 any offense requiring registration under this chapter.
2
1 (101) "Residence" means the offender's present place of abode.
2 (112) "Student" means a person who is enrolled on a full-time or part-time
3 basis, in any public or private educational institution, including any second-
4 ary school, trade or professional institution or institution of higher educa-
5 tion.
6 (123) "Violent sexual predator" means a person who has been convicted of
7 an offense listed in section 18-8312, Idaho Code, and who has been determined
8 to pose a risk of committing an offense or engaging in predatory sexual con-
9 duct.
10 SECTION 2. That Section 18-8310, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-8310. RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT. (1) Any
13 person, other than one a recidivist or an offender designated as a violent
14 sexual predator, may, after a period of ten (10) years from the date the per-
15 son was released from incarceration or placed on parole, supervised release or
16 probation, whichever is greater, petition the district court for a show cause
17 hearing to determine whether the person shall be exempted from the duty to
18 register as a sexual offender. In the petition the petitioner shall:
19 (a) Provide clear and convincing evidence that the petitioner is not a
20 risk to commit a new violation for any violent crime or crime identified
21 in section 18-8304, Idaho Code;
22 (b) Provide an affidavit indicating that the petitioner does not have a
23 criminal charge pending nor is the petitioner knowingly under criminal
24 investigation for any violent crime or crime identified in section
25 18-8304, Idaho Code;
26 (c) Provide proof of service of such petition upon the county prosecuting
27 attorney for the county in which the application is made; and
28 (d) Provide a certified copy of the judgment of conviction which caused
29 the petitioner to report as a sexual offender.
30 The district court may grant a hearing if it finds that the petition is
31 sufficient. The court shall provide at least sixty (60) days prior notice of
32 the hearing to the petitioner and the county prosecuting attorney.
33 The court may exempt the petitioner from the reporting requirement only
34 after a hearing on the petition in open court and only upon proof by clear and
35 convincing evidence that the petitioner is not a risk to commit a new viola-
36 tion for any violent crime or crime identified in section 18-8304, Idaho Code.
37 (2) Concurrent with the entry of any order exempting the petitioner from
38 the reporting requirement, the court may further order that any information
39 regarding the petitioner be expunged from the central registry.
40 SECTION 3. That Section 18-8311, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 18-8311. PENALTIES. (1) An offender subject to registration who fails to
43 register or provide any notice as required by this chapter shall be guilty of
44 a felony and shall be punished by imprisonment in the state prison system for
45 a period not to exceed five (5) years and by a fine not to exceed five thou-
46 sand dollars ($5,000). If the offender is on probation or other supervised
47 release or suspension from incarceration at the time of the violation, the
48 probation or supervised release or suspension shall be revoked and the penalty
49 for violating this chapter shall be served consecutively to the offender's
50 original sentence.
51 (2) An offender subject to registration under this chapter, who willfully
3
1 provides false or misleading information in the registration required, shall
2 be guilty of a felony and shall be punished by imprisonment in a state prison
3 for a period not to exceed five (5) years and a fine not to exceed five thou-
4 sand dollars ($5,000).
5 (3) An offender subject to registration under this chapter, who willfully
6 evades service of the board's notice pursuant to section 18-8319, Idaho Code,
7 shall be guilty of a felony and shall be punished by imprisonment in a state
8 prison for a period not to exceed five (5) years and a fine not to exceed five
9 thousand dollars ($5,000).
10 SECTION 4. 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 establish standards for psychosexual evaluations and
21 the qualifications for approved evaluators performing evaluations pursuant to
22 sections 18-8316 and 18-8317, Idaho Code.
23 (3) The board shall establish guidelines to determine whether an offender
24 scheduled for release is a violent sexual predator presenting a high risk of
25 reoffense. The guidelines shall be established with the assistance of sexual
26 offender treatment and law enforcement professionals who have, by education,
27 experience or training, expertise in the assessment and treatment of sexual
28 offenders.
29 (a) Factors to be used in establishment of the guidelines must be sup-
30 ported in the sexual offender assessment field as criteria reasonably
31 related to the risk of reoffense and be objective criteria that can be
32 gathered in a consistent and reliable manner.
33 (b) The guidelines shall include, but are not limited to, the following
34 general categories for risk assessment: seriousness of the offense,
35 offense history, whether the offense was predatory, characteristics of the
36 offender, characteristics of the victim, the relationship of the offender
37 to the victim, the number of victims and the number of violations of each
38 victim.
39 (4) If the offender has indicated an intention to reoffend if released
40 into the community and the available record reveals credible evidence to sup-
41 port this finding, then the offender shall be deemed a violent sexual predator
42 regardless of application of the guidelines.
43 (5) Once the board has made its determination, it shall set forth written
44 findings which shall include:
45 (a) The board's risk assessment and the reasons upon which the risk
46 assessment was based; and
47 (b) The board's determination whether the offender should be designated
48 as a violent sexual predator and the reasons upon which the determination
49 was based.
50 SECTION 5. That Section 18-8319, Idaho Code, be, and the same is hereby
51 amended to read as follows:
4
1 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep-
2 tion identified in section 18-8320, Idaho Code, the offender and the sheriff
3 of the county in which the offender resides or intends to reside upon release
4 shall be notified by the board that an offender has been designated as a vio-
5 lent sexual predator. This notice shall be in the form of the board's written
6 findings.
7 (2) The board shall serve a copy of its written findings to the offender
8 at the same time the board serves the copy to the sheriff.
9 (3) The board's notice to the offender shall also inform the offender:
10 (a) That the offender may challenge the designation as a violent sexual
11 predator by judicial review;
12 (b) That unless application is made to the court of the county in which
13 the offender resides or intends to reside on or before the date set forth
14 in the notice, which shall be no less more than fourteen (14) calendar
15 days after the notice is given, the offender shall be deemed to have
16 waived the right to challenge the designation;
17 (c) That the offender has the right to retain counsel and that counsel
18 will be provided by the court if the offender cannot afford counsel; and
19 (d) How such application should be made if counsel is not retained. If
20 counsel is not retained, a simple letter delivered to the courthouse in
21 the county of the offender's residence, which encloses a copy of the
22 board's written findings and indicates the offender's objection or dis-
23 agreement with it, shall suffice.
24 SECTION 6. This act shall be in full force and effect on and after July
25 1, 2000.
AS1320
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Darrington
Seconded by King-Barrutia
IN THE SENATE
SENATE AMENDMENTS TO S.B. NO. 1320
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 16, following "(1)" delete the
3 remainder of the line and delete lines 17 through 20; in line 21 delete "(2)";
4 in line 23, delete "(23)" and insert: "(2)"; in line 26, delete "(34)" and
5 insert: "(3)"; in line 27, delete "(45)" and insert: "(4)"; in line 33, delete
6 "(56)" and insert: "(5)"; in line 36, delete "(67)" and insert: "(6)"; in line
7 40, delete "(78)" and insert: "(7)"; in line 42, delete "(89)" and insert:
8 "(8)"; on page 2, in line 2, delete "(910)" and insert: "(9)"; in line 5,
9 delete "(11)" and insert: "(10)"; in line 7, delete "(102)" and insert:
10 "(101)"; in line 8, delete "(113)" and insert: "(112)"; and in line 12, delete
11 "(124)" and insert: "(123)".
12 AMENDMENT TO SECTION 2
13 On page 2, in line 19, delete "an aggravated offender,".
14 AMENDMENTS TO SECTION 4
15 On page 3, in lines 21, 22, and 23 delete "were sentenced and convicted
16 for one (1) or more of the crimes set forth in sections 18-1506, 18-1506A,
17 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108, 18-6602, 18-6605 and 18-6608,
18 Idaho Code are aggravated offenders or" and insert: "were sentenced and con-
19 victed for one (1) or more of the crimes set forth in sections 18-1506,
20 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108, 18-6602, 18-6605 and
21 18-6608, Idaho Code, or are".
22 CORRECTIONS TO TITLE
23 On page 1, in lines 3 and 4, delete "DEFINITIONS OF "AGGRAVATED OFFENDER"
24 AND" and insert: "A DEFINITION OF"; in line 5, delete "AGGRAVATED OFFENDERS
25 AND"; and in lines 8 and 9, delete "AGGRAVATED OFFENDERS AND".
STATEMENT OF PURPOSE
RS09440
This legislation provides definitions and applicability of same
to the Sexual Offender Registration Notification and Community
Right-to-Know Act, as mandated in a recentamendment to the federal
Wetterling Act. It provides a penalty and referral for prosecution
for persons who are determined to have intentionally evaded service
of the notice of classification asa violent sexual predator. Further,
it makes a technical correction to the language outlining thelength
of time allowable for an offender classified by the sexual offender
classification board as aviolent sexual predator, to challenge the
designation.
FISCAL NOTE
There is no fiscal impact to funding for the additional definitions. The
resulting applicability ofsame is projected to be less than five (5)
additional referrals to the Sexual Offender ClassificationBoard. Impact
on funding of the additional referrals is anticipated as being less than
one hundreddollars ($100) per year to accomplish central sex offender
registry data entry. The provision of a penalty of incarceration for
evading service of the classification notice willhave some fiscal impact
to law enforcement, court costs and resulting incarceration. The annual
estimated cost of incarceration is approximately eighteen thousand dollars
($18,000) per eachindividual convicted. Limiting the length of time a
classified violent sexual predator may challenge his designation will
lessen financial impact.
CONTACT Name: Kathy Baird
Agency: Department of Correction
Phone: 658-2149
Name: Bob Taylor
Agency: Department of Law Enforcement
Phone: 884-7132
Statement of Purpose/Fiscal Impact S1320