2000 Legislation
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SENATE BILL NO. 1319, As Amended – Sex offenders, parole, referred bd

SENATE BILL NO. 1319, As Amended

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Daily Data Tracking History



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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


                      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