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S1278aaH.............................................by JUDICIARY AND RULES
SEXUAL OFFENDER BOARD - Amends existing law to provide that a written
summarization of information relied upon by the Sexual Offender
Classification Board may be made available to the offender; and to withhold
from disclosure certain documents relating to the Sexual Offender
Registration and Notification Act.
01/14 Senate intro - 1st rdg - to printing
01/15 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/28 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley,
Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne(Thorne), Wheeler, Williams
NAYS -- None
Absent and excused -- Branch, Sims
Floor Sponsor - Darrington
Title apvd - to House
01/29 House intro - 1st rdg - to Jud
02/26 Rpt out - to Gen Ord
02/28 Rpt out amen - to 1st rdg as amen
03/01 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 59-0-11
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bruneel, Callister, Campbell, Collins, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Kellogg(Duncan), Kendell, Lake, Langford, Loertscher, Mader,
Martinez, McKague, Meyer, Montgomery, Pearce, Pomeroy, Raybould,
Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
Young
NAYS -- None
Absent and excused -- Bradford, Clark, Crow, Gould, Jones, Kunz,
Mortensen, Moyle, Pischner, Roberts, Mr. Speaker
Floor Sponsor - Smith(23)
Title apvd - to Senate
03/11 Senate concurred in House amens - to engros
03/12 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/21 Governor signed
Session Law Chapter 182
Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1278
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; AMENDING
3 SECTION 18-8321, IDAHO CODE, TO WITHHOLD CERTAIN DOCUMENTS FROM DISCLO-
4 SURE; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 18-8321, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-8321. JUDICIAL REVIEW. (1) Judicial review of an offender's challenge
9 to the designation as a violent sexual predator is civil, not criminal, and
10 remedial, not adversarial.
11 (2) Immediately upon receipt of an offender's objection or challenge to
12 the designation as a violent sexual predator, the court shall set a date for a
13 summary hearing.
14 (3) Upon notification of a date for a summary hearing, the prosecutor
15 shall forthwith turn over all papers, documents and other relevant material to
16 the court. The following documents produced by the sexual offender classifica-
17 tion board shall be withheld from disclosure and available only for in camera
18 review by the court:
19 (a) Records that contain names and addresses, identifying information or
20 any information that would lead to the identification of any victims or
21 witnesses;
22 (b) Written statements or testimony of victims, witnesses, guardians or
23 persons representing victims or witnesses;
24 (c) Reports prepared specifically for use by the commission for pardons
25 and parole in making parole determinations pursuant to section 20-223,
26 Idaho Code; and
27 (d) Other records to remain confidential consistent with rules of crimi-
28 nal or civil procedure.
29 (4) Judicial review under this chapter shall be conducted as a summary,
30 in camera review proceeding, in which the court decides only whether to affirm
31 or reverse the board's designation of the offender as a violent sexual preda-
32 tor.
33 (5) The court shall have broad discretion over whether and to what extent
34 witnesses and cross-examination will be allowed.
35 (6) The rules of evidence do not apply.
36 (7) The court may rely on documentary evidence, such as expert opinions,
37 for all issues.
38 (8) Nonconviction offense, i.e., criminal activity that has not been the
39 subject of a conviction, shall be considered in review of the board's designa-
40 tion, provided that there is sufficient evidence that the nonconviction
41 offense occurred.
42 (9) Where the proof, whether in the form of reliable hearsay, affidavits,
43 or offers of live testimony, creates a genuine issue of material fact as to
2
1 whether the offender is a violent sexual predator, the court should convene a
2 fact-finding hearing and permit live testimony.
3 (10) The state bears the burden of presenting a prima facie case that jus-
4 tifies the designation as a violent sexual predator.
5 (11) The court shall affirm the board's determination unless persuaded by
6 a preponderance of the evidence that it does not conform to the law or the
7 guidelines.
8 (12) The offender is entitled to challenge the designation as a violent
9 sexual predator based upon two (2) grounds:
10 (a) The offender may introduce evidence that the calculation that led to
11 the designation as a violent sexual predator was incorrectly performed
12 either because of a factual error, because the offender disputes a prior
13 offense, because the variable factors were improperly determined, or for
14 similar reasons; and
15 (b) The offender may introduce evidence at the hearing that the designa-
16 tion as a violent sexual predator does not properly encapsulate the spe-
17 cific case, i.e., the offender may maintain that the case falls outside
18 the typical case of this kind and, therefore, that the offender should not
19 be designated as a violent sexual predator.
20 (13) Either party may appeal the decision of the court.
21 (14) Offenders who are not designated as violent sexual predators are not
22 entitled to judicial review under this section.
23 SECTION 2. An emergency existing therefor, which emergency is hereby
24 declared to exist, this act shall be in full force and effect on and after its
25 passage and approval, and retroactively to January 1, 2002.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Smith
Seconded by Gould
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1278
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 16, delete "The" and insert: "A
3 written summarization of information relied upon by the sexual offender clas-
4 sification board may be made available to the offender. However the".
5 CORRECTION TO TITLE
6 On page 1, in line 3, following "TO" insert: "PROVIDE THAT A WRITTEN
7 SUMMARIZATION OF INFORMATION RELIED UPON BY THE SEXUAL OFFENDER CLASSIFICATION
8 BOARD MAY BE MADE AVAILABLE TO THE OFFENDER AND TO".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1278, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; AMENDING
3 SECTION 18-8321, IDAHO CODE, TO PROVIDE THAT A WRITTEN SUMMARIZATION OF
4 INFORMATION RELIED UPON BY THE SEXUAL OFFENDER CLASSIFICATION BOARD MAY BE
5 MADE AVAILABLE TO THE OFFENDER AND TO WITHHOLD CERTAIN DOCUMENTS FROM DIS-
6 CLOSURE; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-8321, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-8321. JUDICIAL REVIEW. (1) Judicial review of an offender's challenge
11 to the designation as a violent sexual predator is civil, not criminal, and
12 remedial, not adversarial.
13 (2) Immediately upon receipt of an offender's objection or challenge to
14 the designation as a violent sexual predator, the court shall set a date for a
15 summary hearing.
16 (3) Upon notification of a date for a summary hearing, the prosecutor
17 shall forthwith turn over all papers, documents and other relevant material to
18 the court. A written summarization of information relied upon by the sexual
19 offender classification board may be made available to the offender. However
20 the following documents produced by the sexual offender classification board
21 shall be withheld from disclosure and available only for in camera review by
22 the court:
23 (a) Records that contain names and addresses, identifying information or
24 any information that would lead to the identification of any victims or
25 witnesses;
26 (b) Written statements or testimony of victims, witnesses, guardians or
27 persons representing victims or witnesses;
28 (c) Reports prepared specifically for use by the commission for pardons
29 and parole in making parole determinations pursuant to section 20-223,
30 Idaho Code; and
31 (d) Other records to remain confidential consistent with rules of crimi-
32 nal or civil procedure.
33 (4) Judicial review under this chapter shall be conducted as a summary,
34 in camera review proceeding, in which the court decides only whether to affirm
35 or reverse the board's designation of the offender as a violent sexual preda-
36 tor.
37 (5) The court shall have broad discretion over whether and to what extent
38 witnesses and cross-examination will be allowed.
39 (6) The rules of evidence do not apply.
40 (7) The court may rely on documentary evidence, such as expert opinions,
41 for all issues.
42 (8) Nonconviction offense, i.e., criminal activity that has not been the
43 subject of a conviction, shall be considered in review of the board's designa-
2
1 tion, provided that there is sufficient evidence that the nonconviction
2 offense occurred.
3 (9) Where the proof, whether in the form of reliable hearsay, affidavits,
4 or offers of live testimony, creates a genuine issue of material fact as to
5 whether the offender is a violent sexual predator, the court should convene a
6 fact-finding hearing and permit live testimony.
7 (10) The state bears the burden of presenting a prima facie case that jus-
8 tifies the designation as a violent sexual predator.
9 (11) The court shall affirm the board's determination unless persuaded by
10 a preponderance of the evidence that it does not conform to the law or the
11 guidelines.
12 (12) The offender is entitled to challenge the designation as a violent
13 sexual predator based upon two (2) grounds:
14 (a) The offender may introduce evidence that the calculation that led to
15 the designation as a violent sexual predator was incorrectly performed
16 either because of a factual error, because the offender disputes a prior
17 offense, because the variable factors were improperly determined, or for
18 similar reasons; and
19 (b) The offender may introduce evidence at the hearing that the designa-
20 tion as a violent sexual predator does not properly encapsulate the spe-
21 cific case, i.e., the offender may maintain that the case falls outside
22 the typical case of this kind and, therefore, that the offender should not
23 be designated as a violent sexual predator.
24 (13) Either party may appeal the decision of the court.
25 (14) Offenders who are not designated as violent sexual predators are not
26 entitled to judicial review under this section.
27 SECTION 2. An emergency existing therefor, which emergency is hereby
28 declared to exist, this act shall be in full force and effect on and after its
29 passage and approval, and retroactively to January 1, 2002.
STATEMENT OF PURPOSE
RS 11416
Upon being designated as a violent sexual predator by the sexual offender
classification board, the offender may challenge the designation by judicial
review. In order to be able to make the best decision, the Court must have
available all information utilized by the Sexual Offender Classification
Board. However, some of the documents are not a public record, and,
therefore, must not become an actual part of the Court's public record. Such
documents must be reviewed on by the Judge for purposes of the summary
hearing.
Furthermore, crime victims of the offenders being reviewed by the Sexual
Offender Classification Board for violent sexual predator designation are
oftentimes reluctant to make life impact statements for the Board's
consideration for fear of reprisal by the offender. This bill would provide a
safety measure for these victims by ensuring that their confidentiality,
identity and whereabouts will not be released to the offender via judicial
review of his violent sexual predator designation.
FISCAL IMPACT
No impact on state or local fund is anticipated from this change.
CONTACT
Name: Kathy Baird
Agency: Correction, Dept of
Phone: 658-2149
STATEMENT OF PURPOSE/FISCAL IMPACT S 127