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
|||| 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 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 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.
|||| 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 sections4 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108, 18-6602,5 18-6605 and 18-6608, Idaho Codeare 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