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
|||| 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 (1 01) "Residence" means the offender's present place of abode. 2 (1 12) "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 (1 23) "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 onea 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 evaluatereview 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 lessmore 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.
|||| 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 "(1 02)" and insert: 10 "(1 01)"; in line 8, delete "(1 13)" and insert: "(1 12)"; and in line 12, delete 11 "(1 24)" and insert: "(1 23)". 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 convicted16 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 Codeare 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