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S1279................................................by JUDICIARY AND RULES
SEXUAL OFFENDER CLASSIFICATION - Amends existing law to provide an
exclusion to a code citation under which conviction of a sexual predator is
cause for review by the Sexual Offender Classification Board; and to
provide correct code citations.
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 - Richardson
Title apvd - to House
01/29 House intro - 1st rdg - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 61-0-9
AYES -- Aikele, Barraclough, Barrett, Bedke, Bieter, Black, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gould, Hammond, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Martinez, Meyer, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bell, Crow, Deal, Gagner, Hadley, Harwood,
McKague, Montgomery, Mortensen
Floor Sponsor - Bieter
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/21 Governor signed
Session Law Chapter 183
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1279
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-
3 TO-KNOW ACT; AMENDING SECTION 18-8303, IDAHO CODE, TO PROVIDE A CORRECT
4 CODE CITATION; AMENDING SECTION 18-8312, IDAHO CODE, TO DELETE CODE CITA-
5 TIONS WHICH REFER TO SPECIFIC CRIMES AND TO PROVIDE A SINGLE CODE REFER-
6 ENCE; AND AMENDING SECTION 18-8314, IDAHO CODE, TO PROVIDE AN EXCLUSION TO
7 A CODE CITATION UNDER WHICH A CONVICTION IS CAUSE FOR REVIEW BY THE SEXUAL
8 OFFENDER CLASSIFICATION BOARD.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 18-8303, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 18-8303. DEFINITIONS. As used in this chapter:
13 (1) "Aggravated offense" means any of the following crimes as set forth
14 in section 18-8304, Idaho Code: 18-1508 (lewd conduct, when the victim is less
15 than twelve (12) years of age); 18-4003(d) (murder committed in the perpetra-
16 tion of rape); 18-6101 (rape, but excluding section 18-6101(1) where the vic-
17 tim is at least twelve (12) years of age or the defendant is eighteen (18)
18 years of age or younger); 18-6108 (male rape); and 18-6608 (forcible sexual
19 penetration by use of a foreign object).
20 (2) "Board" means the sexual offender classification board described in
21 section 18-8312, Idaho Code.
22 (3) "Central registry" means the registry of convicted sexual offenders
23 maintained by the Idaho state police pursuant to this chapter.
24 (4) "Department" means the Idaho state police.
25 (5) "Employed" means full-time or part-time employment exceeding ten (10)
26 consecutive working days or for an aggregate period exceeding thirty (30) days
27 in any calendar year, or any employment which involves counseling, coaching,
28 teaching, supervising or working with minors in any way regardless of the
29 period of employment, whether such employment is financially compensated, vol-
30 unteered or performed for the purpose of any government or education benefit.
31 (6) "Incarceration" means committed to the custody of the Idaho depart-
32 ment of correction, but excluding cases where the court has retained jurisdic-
33 tion.
34 (7) "Offender" means an individual convicted of an offense listed and
35 described in section 18-8304, Idaho Code, or a substantially similar offense
36 under the laws of another state or in a federal, tribal or military court or
37 the court of another country.
38 (8) "Offense" means a sexual offense listed in section 18-8304, Idaho
39 Code.
40 (9) "Predatory" means actions directed at an individual who was selected
41 by the offender for the primary purpose of engaging in illegal sexual behav-
42 ior.
43 (10) "Psychosexual evaluation" means an evaluation which specifically
2
1 addresses sexual development, sexual deviancy, sexual history and risk of
2 reoffense as part of a comprehensive evaluation of an offender.
3 (11) "Recidivist" means an individual convicted two (2) or more times of
4 any offense requiring registration under this chapter.
5 (12) "Residence" means the offender's present place of abode.
6 (13) "Student" means a person who is enrolled on a full-time or part-time
7 basis, in any public or private educational institution, including any second-
8 ary school, trade or professional institution or institution of higher educa-
9 tion.
10 (14) "Violent sexual predator" means a person who has been convicted of an
11 offense listed in section 18-83124, Idaho Code, and who has been determined to
12 pose a risk of committing an offense or engaging in predatory sexual conduct.
13 SECTION 2. That Section 18-8312, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 18-8312. SEXUAL OFFENDER CLASSIFICATION BOARD -- APPOINTMENT -- TERMS --
16 VACANCIES -- CHAIRMAN -- QUORUM -- QUALIFICATIONS OF MEMBERS -- COMPENSATION
17 OF MEMBERS. (1) A sexual offender classification board is hereby created
18 within the Idaho department of correction. The board shall consist of four (4)
19 members appointed by the governor by and with the advice and consent of the
20 senate. The purpose of the board shall be to assess the risk of reoffense of
21 any offender convicted and incarcerated for commission of a crime as set forth
22 in sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108,
23 18-6602, 18-6605 and 18-6608, Idaho Code, and who is scheduled to be released
24 from incarceration 18-8314, Idaho Code, to determine whether the offender
25 should be designated a violent sexual predator. To the extent practicable, the
26 board's determination shall be made prior to the offender's release from
27 incarceration.
28 (2) The terms of the members shall expire as follows: one (1) member on
29 January 1, 2001; one (1) member on January 1, 2002; one (1) member on January
30 1, 2003; and one (1) member on January 1, 2004. Thereafter, any person
31 appointed a member of the board shall hold office for six (6) years.
32 (3) Vacancies in the membership of the board shall be filled in the same
33 manner in which the original appointments are made. Members appointed to a
34 vacant position shall serve the remainder of the unexpired term.
35 (4) Qualifications of members.
36 (a) At least one (1) member of the board shall have, by education, expe-
37 rience and training, expertise in the assessment and treatment of sexual
38 offenders.
39 (b) At least one (1) member of the board shall be employed in the field
40 of law enforcement and have training in the field of the behavior and
41 treatment of sexual offenders.
42 (c) At least one (1) member of the board shall be an advocate for victims
43 of offenders.
44 (5) The board shall elect a chairman from its members.
45 (6) A quorum shall exist when at least three (3) members of the board are
46 present, provided that one (1) member present has, by education, experience
47 and training, expertise in the assessment and treatment of sexual offenders.
48 (7) Members shall be compensated as provided by section 59-509(o), Idaho
49 Code.
50 SECTION 3. That Section 18-8314, Idaho Code, be, and the same is hereby
51 amended to read as follows:
3
1 18-8314. DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD. (1) The
2 board shall review offenders scheduled for release from incarceration, who
3 were sentenced and convicted for one (1) or more of the crimes set forth in
4 sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101 (but exclud-
5 ing subsection 1. of such section when the offender is eighteen (18) years of
6 age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code, or are
7 recidivists as defined in this chapter, for the purpose of determining whether
8 the offender should be designated as a violent sexual predator presenting a
9 high risk of reoffense.
10 (2) The board shall review offenders who were sentenced and convicted for
11 crimes enumerated in subsection (1) of this section and recidivists as defined
12 in this chapter, who have been released under supervision, for the purpose of
13 determining whether the offender should be designated as a violent sexual
14 predator presenting a high risk of reoffense. Such review shall be undertaken
15 upon request of the court having jurisdiction over the offender on probation
16 or of the parole commission if the offender has been released on parole
17 regardless of whether the offender has been reviewed by the board prior to
18 release from incarceration. For purposes of seeking a board review pursuant to
19 this subsection, the court or parole commission may consider all relevant evi-
20 dence including, but not limited to, the probation or parole official's obser-
21 vations and opinions of these offenders while under supervision, in light of
22 the circumstances of the underlying offense.
23 (3) The board shall establish standards for psychosexual evaluations and
24 the qualifications for approved evaluators performing evaluations pursuant to
25 sections 18-8316 and 18-8317, Idaho Code.
26 (4) The board shall establish guidelines to determine whether an offender
27 scheduled for release is a violent sexual predator presenting a high risk of
28 reoffense. The guidelines shall be established with the assistance of sexual
29 offender treatment and law enforcement professionals who have, by education,
30 experience or training, expertise in the assessment and treatment of sexual
31 offenders.
32 (a) Factors to be used in establishment of the guidelines must be sup-
33 ported in the sexual offender assessment field as criteria reasonably
34 related to the risk of reoffense and be objective criteria that can be
35 gathered in a consistent and reliable manner.
36 (b) The guidelines shall include, but are not limited to, the following
37 general categories for risk assessment: seriousness of the offense,
38 offense history, whether the offense was predatory, characteristics of the
39 offender, characteristics of the victim, the relationship of the offender
40 to the victim, the number of victims and the number of violations of each
41 victim.
42 (5) If the offender has indicated an intention to reoffend if released
43 into the community and the available record reveals credible evidence to sup-
44 port this finding, then the offender shall be deemed a violent sexual predator
45 regardless of application of the guidelines.
46 (6) Once the board has made its determination, it shall set forth written
47 findings which shall include:
48 (a) The board's risk assessment and the reasons upon which the risk
49 assessment was based; and
50 (b) The board's determination whether the offender should be designated
51 as a violent sexual predator and the reasons upon which the determination
52 was based.
STATEMENT OF PURPOSE
RS 11425
Sexual offenders who have been convicted for offenses as detailed in section 18-
8304, Idaho Code are required to register with law enforcement. When a defendant
is 18 or younger, and is convicted of section 18-6101(1) rape, he is exempt from
the registration requirement. This specific exemption is not included in section
18-8314, Idaho Code, which identifies the sexual offense codes for which
convicted offenders are subject to review by the Sexual Offender Classification
Board for violent sexual predator designation. The violent sexual predator
designation is an enhancement to the sex offender registration obligation. It
is not appropriate for individuals who are statutorily exempted from the
registration process to be reviewed by the Sexual Offender Classification Board.
This bill inserts the exemption language into section 18-8314, Idaho Code,
and amends section 18-8312, Idaho Code by deleting language and criminal offense
code references that are duplicated in section 18-8314, Idaho Code.
FISCAL IMPACT
No impact on state or local funds is anticipated from this change.
CONTACT
Name: Kathy Baird
Agency: Correction, Dept. of
Phone: 658-2149
Statement of Purpose/Fiscal Impact S1279