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S1002aa..............................................by JUDICIARY AND RULES
SEXUAL OFFENDER REGISTRATION - Amends existing law relating to the Sexual
Offender Registration Notification and Community Right-to-Know Act to
define "certified evaluator"; to provide rulemaking authority for the
Sexual Offender Classification Board; to provide that the board shall
establish, by rule, certification and recertification fees within statutory
limits; to provide that the board shall compile a central roster of
certified evaluators; and to clarify that psychosexual evaluations shall be
conducted by certified evaluators or a mental health professional employed
by the Department of Correction in accordance with standards established by
rule of the board.
01/09 Senate intro - 1st rdg - to printing
01/10 Rpt prt - to Jud
01/28 Rpt out - to 14th Ord
02/05 Rpt out amen - to engros
02/06 Rpt engros - 1st rdg - to 2nd rdg as amen
02/07 2nd rdg - to 3rd rdg as amen
02/11 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
02/12 House intro - 1st rdg - to Jud
03/19 Rpt out - rec d/p - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/27 3rd rdg - PASSED - 67-0-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest(Bray),
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Moyle, Nacarrato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Crow, Mitchell
Floor Sponsor - Clark
Title apvd - to Senate
03/28 To enrol
03/31 Rpt enrol - Pres signed
04/01 Sp signed
04/02 To Governor
04/08 Governor signed
Session Law Chapter 235
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1002
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 DEFINE "CERTIFIED
4 EVALUATOR"; AMENDING SECTION 18-8314, IDAHO CODE, TO PROVIDE THAT THE SEX-
5 UAL OFFENDER CLASSIFICATION BOARD SHALL ESTABLISH BY RULE PROCEDURES FOR
6 THE APPROVAL OF CERTIFIED EVALUATORS, TO PROVIDE THAT THE BOARD SHALL
7 ESTABLISH BY RULE CERTIFICATION AND RECERTIFICATION FEES WITHIN STATUTORY
8 LIMITS, AND TO PROVIDE RULEMAKING AUTHORITY FOR THE BOARD; AMENDING SEC-
9 TION 18-8316, IDAHO CODE, TO PROVIDE PROPER TERMINOLOGY AND TO PROVIDE
10 THAT THE BOARD SHALL COMPILE A CENTRAL ROSTER OF CERTIFIED EVALUATORS; AND
11 AMENDING SECTION 18-8317, IDAHO CODE, TO CLARIFY THAT PSYCHOSEXUAL EVALUA-
12 TIONS SHALL BE CONDUCTED BY CERTIFIED EVALUATORS OR A MENTAL HEALTH PRO-
13 FESSIONAL EMPLOYED BY THE DEPARTMENT OF CORRECTION IN ACCORDANCE WITH
14 STANDARDS ESTABLISHED BY RULE OF THE BOARD.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 18-8303, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 18-8303. DEFINITIONS. As used in this chapter:
19 (1) "Aggravated offense" means any of the following crimes as set forth
20 in section 18-8304, Idaho Code: 18-1508 (lewd conduct, when the victim is less
21 than twelve (12) years of age); 18-4003(d) (murder committed in the perpetra-
22 tion of rape); 18-6101 (rape, but excluding section 18-6101(1) where the vic-
23 tim is at least twelve (12) years of age or the defendant is eighteen (18)
24 years of age or younger); 18-6108 (male rape); and 18-6608 (forcible sexual
25 penetration by use of a foreign object).
26 (2) "Board" means the sexual offender classification board described in
27 section 18-8312, Idaho Code.
28 (3) "Central registry" means the registry of convicted sexual offenders
29 maintained by the Idaho state police pursuant to this chapter.
30 (4) "Certified evaluator" means a psychiatrist licensed by this state
31 pursuant to chapter 18, title 54, Idaho Code, or a master's or doctoral level
32 mental health professional licensed by this state pursuant to chapter 23,
33 chapter 32, or chapter 34, title 54, Idaho Code, who has by education, experi-
34 ence and training, expertise in the assessment and treatment of sexual offend-
35 ers. Such person shall meet the qualifications and shall be approved by the
36 board to perform psychosexual evaluations in this state, as described in sec-
37 tion 18-8314, Idaho Code.
38 (5) "Department" means the Idaho state police.
39 (56) "Employed" means full-time or part-time employment exceeding ten
40 (10) consecutive working days or for an aggregate period exceeding thirty (30)
41 days in any calendar year, or any employment which involves counseling,
42 coaching, teaching, supervising or working with minors in any way regardless
43 of the period of employment, whether such employment is financially compen-
2
1 sated, volunteered or performed for the purpose of any government or education
2 benefit.
3 (67) "Incarceration" means committed to the custody of the Idaho depart-
4 ment of correction, but excluding cases where the court has retained jurisdic-
5 tion.
6 (78) "Offender" means an individual convicted of an offense listed and
7 described in section 18-8304, Idaho Code, or a substantially similar offense
8 under the laws of another state or in a federal, tribal or military court or
9 the court of another country.
10 (89) "Offense" means a sexual offense listed in section 18-8304, Idaho
11 Code.
12 (910) "Predatory" means actions directed at an individual who was
13 selected by the offender for the primary purpose of engaging in illegal sexual
14 behavior.
15 (101) "Psychosexual evaluation" means an evaluation which specifically
16 addresses sexual development, sexual deviancy, sexual history and risk of
17 reoffense as part of a comprehensive evaluation of an offender.
18 (112) "Recidivist" means an individual convicted two (2) or more times of
19 any offense requiring registration under this chapter.
20 (123) "Residence" means the offender's present place of abode.
21 (134) "Student" means a person who is enrolled on a full-time or part-time
22 basis, in any public or private educational institution, including any second-
23 ary school, trade or professional institution or institution of higher educa-
24 tion.
25 (145) "Violent sexual predator" means a person who has been convicted of
26 an offense listed in section 18-8314, Idaho Code, and who has been determined
27 to pose a risk of committing an offense or engaging in predatory sexual con-
28 duct.
29 SECTION 2. That Section 18-8314, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD.
32 (1) The board shall review offenders scheduled for release from incarceration,
33 who were sentenced and convicted for one (1) or more of the crimes set forth
34 in sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101 (but
35 excluding subsection 1. of such section when the offender is eighteen (18)
36 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code,
37 or are recidivists as defined in this chapter, for the purpose of determining
38 whether the offender should be designated as a violent sexual predator pre-
39 senting a high risk of reoffense.
40 (2) The board shall review offenders who were sentenced and convicted for
41 crimes enumerated in subsection (1) of this section and recidivists as defined
42 in this chapter, who have been released under supervision, for the purpose of
43 determining whether the offender should be designated as a violent sexual
44 predator presenting a high risk of reoffense. Such review shall be undertaken
45 upon request of the court having jurisdiction over the offender on probation
46 or of the parole commission if the offender has been released on parole
47 regardless of whether the offender has been reviewed by the board prior to
48 release from incarceration. For purposes of seeking a board review pursuant to
49 this subsection, the court or parole commission may consider all relevant evi-
50 dence including, but not limited to, the probation or parole official's obser-
51 vations and opinions of these offenders while under supervision, in light of
52 the circumstances of the underlying offense.
53 (3) The board shall by rule:
3
1 (a) Eestablish standards for psychosexual evaluations and the qualifica-
2 tions for approved certified evaluators performing evaluations pursuant to
3 sections 18-8316 and 18-8317, Idaho Code.
4 (b) Set forth procedures for the approval, certification and quality
5 assurance of evaluators pursuant to this section.
6 (c) Establish a nonrefundable initial certification processing fee not to
7 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer-
8 tification processing fee not to exceed one hundred fifty dollars ($150).
9 (4) The board shall establish guidelines to determine whether an offender
10 scheduled for release is a violent sexual predator presenting a high risk of
11 reoffense. The guidelines shall be established with the assistance of sexual
12 offender treatment and law enforcement professionals who have, by education,
13 experience or training, expertise in the assessment and treatment of sexual
14 offenders.
15 (a) Factors to be used in establishment of the guidelines must be sup-
16 ported in the sexual offender assessment field as criteria reasonably
17 related to the risk of reoffense and be objective criteria that can be
18 gathered in a consistent and reliable manner.
19 (b) The guidelines shall include, but are not limited to, the following
20 general categories for risk assessment: seriousness of the offense,
21 offense history, whether the offense was predatory, characteristics of the
22 offender, characteristics of the victim, the relationship of the offender
23 to the victim, the number of victims and the number of violations of each
24 victim.
25 (5) If the offender has indicated an intention to reoffend if released
26 into the community and the available record reveals credible evidence to sup-
27 port this finding, then the offender shall be deemed a violent sexual predator
28 regardless of application of the guidelines.
29 (6) Once the board has made its determination, it shall set forth written
30 findings which shall include:
31 (a) The board's risk assessment and the reasons upon which the risk
32 assessment was based; and
33 (b) The board's determination whether the offender should be designated
34 as a violent sexual predator and the reasons upon which the determination
35 was based.
36 (7) The board shall have authority to promulgate rules to carry out the
37 provisions of this chapter.
38 SECTION 3. That Section 18-8316, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 18-8316. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON CONVICTION. If
41 ordered by the court, an offender convicted of any offense listed in section
42 18-8304, Idaho Code, shall submit to an evaluation to be completed and submit-
43 ted to the court in the form of a written report from a board-certified psy-
44 chiatrist or by a licensed master's or doctoral level mental health profes-
45 sional certified evaluator as defined in section 18-8303, Idaho Code, for the
46 court's consideration prior to sentencing and incarceration or release on pro-
47 bation. The court shall select the psychiatrist or a licensed master's or doc-
48 toral level mental health professional to perform the evaluation certified
49 evaluator from a list central roster of approved evaluators compiled by the
50 district court sexual offender classification board. A psychiatrist or
51 licensed master's or doctoral level mental health professional certified eval-
52 uator performing such an evaluation shall be disqualified from providing any
53 treatment ordered as a condition of any sentence, unless waived by the court.
4
1 For offenders convicted of an offense listed in section 18-8314, Idaho Code,
2 the evaluation shall state whether it is probable that the offender is a vio-
3 lent sexual predator. An evaluation conducted pursuant to this section shall
4 be done in accordance with the standards established by the board pursuant to
5 section 18-8314, Idaho Code.
6 SECTION 4. That Section 18-8317, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-8317. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON RELEASE. Every
9 offender convicted and incarcerated for any offense listed in section 18-8314,
10 Idaho Code, and either referred to the board for psychosexual evaluation by
11 the department of correction or whose evaluation under section 18-8316, Idaho
12 Code, states that the offender is a probable violent sexual predator, shall
13 submit to a psychosexual evaluation. The evaluation is to be performed prior
14 to release from incarceration for the purpose of assessing risk of reoffense
15 and to determine whether the offender should be designated as a violent sexual
16 predator. These evaluations shall be performed either by a board-certified
17 psychiatrist or a licensed master's or doctoral level mental health profes-
18 sional licensed by this state pursuant to chapter 18, title 54, Idaho Code,
19 and chapter 23, title 54, Idaho Code, respectively, who has, by education,
20 experience and training, expertise in the assessment and treatment of sexual
21 offenders certified evaluator as defined in section 18-8303, Idaho Code, or a
22 mental health professional employed by the department of correction. The psy-
23 chiatrist or licensed master's or doctoral level mental health professional
24 individual performing an evaluation under this section shall not be a member
25 of the sexual offender classification board at the time the evaluation is per-
26 formed. The individual performing the evaluation shall be disqualified from
27 providing any treatment ordered or attached as a condition of parole, unless
28 waived by the department of correction. An evaluation conducted pursuant to
29 this section shall be done in accordance with the standards established by
30 rule of the board pursuant to section 18-8314, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Davis
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1002
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 30, following "means" insert:
3 "either"; in line 33, delete ", who has" and insert: ". Such person shall
4 have"; and in line 35, delete ". Such" and insert: ", and such".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1002, As Amended
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 DEFINE "CERTIFIED
4 EVALUATOR"; AMENDING SECTION 18-8314, IDAHO CODE, TO PROVIDE THAT THE SEX-
5 UAL OFFENDER CLASSIFICATION BOARD SHALL ESTABLISH BY RULE PROCEDURES FOR
6 THE APPROVAL OF CERTIFIED EVALUATORS, TO PROVIDE THAT THE BOARD SHALL
7 ESTABLISH BY RULE CERTIFICATION AND RECERTIFICATION FEES WITHIN STATUTORY
8 LIMITS, AND TO PROVIDE RULEMAKING AUTHORITY FOR THE BOARD; AMENDING SEC-
9 TION 18-8316, IDAHO CODE, TO PROVIDE PROPER TERMINOLOGY AND TO PROVIDE
10 THAT THE BOARD SHALL COMPILE A CENTRAL ROSTER OF CERTIFIED EVALUATORS; AND
11 AMENDING SECTION 18-8317, IDAHO CODE, TO CLARIFY THAT PSYCHOSEXUAL EVALUA-
12 TIONS SHALL BE CONDUCTED BY CERTIFIED EVALUATORS OR A MENTAL HEALTH PRO-
13 FESSIONAL EMPLOYED BY THE DEPARTMENT OF CORRECTION IN ACCORDANCE WITH
14 STANDARDS ESTABLISHED BY RULE OF THE BOARD.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 18-8303, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 18-8303. DEFINITIONS. As used in this chapter:
19 (1) "Aggravated offense" means any of the following crimes as set forth
20 in section 18-8304, Idaho Code: 18-1508 (lewd conduct, when the victim is less
21 than twelve (12) years of age); 18-4003(d) (murder committed in the perpetra-
22 tion of rape); 18-6101 (rape, but excluding section 18-6101(1) where the vic-
23 tim is at least twelve (12) years of age or the defendant is eighteen (18)
24 years of age or younger); 18-6108 (male rape); and 18-6608 (forcible sexual
25 penetration by use of a foreign object).
26 (2) "Board" means the sexual offender classification board described in
27 section 18-8312, Idaho Code.
28 (3) "Central registry" means the registry of convicted sexual offenders
29 maintained by the Idaho state police pursuant to this chapter.
30 (4) "Certified evaluator" means either a psychiatrist licensed by this
31 state pursuant to chapter 18, title 54, Idaho Code, or a master's or doctoral
32 level mental health professional licensed by this state pursuant to chapter
33 23, chapter 32, or chapter 34, title 54, Idaho Code. Such person shall have by
34 education, experience and training, expertise in the assessment and treatment
35 of sexual offenders, and such person shall meet the qualifications and shall
36 be approved by the board to perform psychosexual evaluations in this state, as
37 described in section 18-8314, Idaho Code.
38 (5) "Department" means the Idaho state police.
39 (56) "Employed" means full-time or part-time employment exceeding ten
40 (10) consecutive working days or for an aggregate period exceeding thirty (30)
41 days in any calendar year, or any employment which involves counseling,
42 coaching, teaching, supervising or working with minors in any way regardless
43 of the period of employment, whether such employment is financially compen-
2
1 sated, volunteered or performed for the purpose of any government or education
2 benefit.
3 (67) "Incarceration" means committed to the custody of the Idaho depart-
4 ment of correction, but excluding cases where the court has retained jurisdic-
5 tion.
6 (78) "Offender" means an individual convicted of an offense listed and
7 described in section 18-8304, Idaho Code, or a substantially similar offense
8 under the laws of another state or in a federal, tribal or military court or
9 the court of another country.
10 (89) "Offense" means a sexual offense listed in section 18-8304, Idaho
11 Code.
12 (910) "Predatory" means actions directed at an individual who was
13 selected by the offender for the primary purpose of engaging in illegal sexual
14 behavior.
15 (101) "Psychosexual evaluation" means an evaluation which specifically
16 addresses sexual development, sexual deviancy, sexual history and risk of
17 reoffense as part of a comprehensive evaluation of an offender.
18 (112) "Recidivist" means an individual convicted two (2) or more times of
19 any offense requiring registration under this chapter.
20 (123) "Residence" means the offender's present place of abode.
21 (134) "Student" means a person who is enrolled on a full-time or part-time
22 basis, in any public or private educational institution, including any second-
23 ary school, trade or professional institution or institution of higher educa-
24 tion.
25 (145) "Violent sexual predator" means a person who has been convicted of
26 an offense listed in section 18-8314, Idaho Code, and who has been determined
27 to pose a risk of committing an offense or engaging in predatory sexual con-
28 duct.
29 SECTION 2. That Section 18-8314, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD.
32 (1) The board shall review offenders scheduled for release from incarceration,
33 who were sentenced and convicted for one (1) or more of the crimes set forth
34 in sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101 (but
35 excluding subsection 1. of such section when the offender is eighteen (18)
36 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code,
37 or are recidivists as defined in this chapter, for the purpose of determining
38 whether the offender should be designated as a violent sexual predator pre-
39 senting a high risk of reoffense.
40 (2) The board shall review offenders who were sentenced and convicted for
41 crimes enumerated in subsection (1) of this section and recidivists as defined
42 in this chapter, who have been released under supervision, for the purpose of
43 determining whether the offender should be designated as a violent sexual
44 predator presenting a high risk of reoffense. Such review shall be undertaken
45 upon request of the court having jurisdiction over the offender on probation
46 or of the parole commission if the offender has been released on parole
47 regardless of whether the offender has been reviewed by the board prior to
48 release from incarceration. For purposes of seeking a board review pursuant to
49 this subsection, the court or parole commission may consider all relevant evi-
50 dence including, but not limited to, the probation or parole official's obser-
51 vations and opinions of these offenders while under supervision, in light of
52 the circumstances of the underlying offense.
53 (3) The board shall by rule:
3
1 (a) Eestablish standards for psychosexual evaluations and the qualifica-
2 tions for approved certified evaluators performing evaluations pursuant to
3 sections 18-8316 and 18-8317, Idaho Code.
4 (b) Set forth procedures for the approval, certification and quality
5 assurance of evaluators pursuant to this section.
6 (c) Establish a nonrefundable initial certification processing fee not to
7 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer-
8 tification processing fee not to exceed one hundred fifty dollars ($150).
9 (4) The board shall establish guidelines to determine whether an offender
10 scheduled for release is a violent sexual predator presenting a high risk of
11 reoffense. The guidelines shall be established with the assistance of sexual
12 offender treatment and law enforcement professionals who have, by education,
13 experience or training, expertise in the assessment and treatment of sexual
14 offenders.
15 (a) Factors to be used in establishment of the guidelines must be sup-
16 ported in the sexual offender assessment field as criteria reasonably
17 related to the risk of reoffense and be objective criteria that can be
18 gathered in a consistent and reliable manner.
19 (b) The guidelines shall include, but are not limited to, the following
20 general categories for risk assessment: seriousness of the offense,
21 offense history, whether the offense was predatory, characteristics of the
22 offender, characteristics of the victim, the relationship of the offender
23 to the victim, the number of victims and the number of violations of each
24 victim.
25 (5) If the offender has indicated an intention to reoffend if released
26 into the community and the available record reveals credible evidence to sup-
27 port this finding, then the offender shall be deemed a violent sexual predator
28 regardless of application of the guidelines.
29 (6) Once the board has made its determination, it shall set forth written
30 findings which shall include:
31 (a) The board's risk assessment and the reasons upon which the risk
32 assessment was based; and
33 (b) The board's determination whether the offender should be designated
34 as a violent sexual predator and the reasons upon which the determination
35 was based.
36 (7) The board shall have authority to promulgate rules to carry out the
37 provisions of this chapter.
38 SECTION 3. That Section 18-8316, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 18-8316. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON CONVICTION. If
41 ordered by the court, an offender convicted of any offense listed in section
42 18-8304, Idaho Code, shall submit to an evaluation to be completed and submit-
43 ted to the court in the form of a written report from a board-certified psy-
44 chiatrist or by a licensed master's or doctoral level mental health profes-
45 sional certified evaluator as defined in section 18-8303, Idaho Code, for the
46 court's consideration prior to sentencing and incarceration or release on pro-
47 bation. The court shall select the psychiatrist or a licensed master's or doc-
48 toral level mental health professional to perform the evaluation certified
49 evaluator from a list central roster of approved evaluators compiled by the
50 district court sexual offender classification board. A psychiatrist or
51 licensed master's or doctoral level mental health professional certified eval-
52 uator performing such an evaluation shall be disqualified from providing any
53 treatment ordered as a condition of any sentence, unless waived by the court.
4
1 For offenders convicted of an offense listed in section 18-8314, Idaho Code,
2 the evaluation shall state whether it is probable that the offender is a vio-
3 lent sexual predator. An evaluation conducted pursuant to this section shall
4 be done in accordance with the standards established by the board pursuant to
5 section 18-8314, Idaho Code.
6 SECTION 4. That Section 18-8317, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 18-8317. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON RELEASE. Every
9 offender convicted and incarcerated for any offense listed in section 18-8314,
10 Idaho Code, and either referred to the board for psychosexual evaluation by
11 the department of correction or whose evaluation under section 18-8316, Idaho
12 Code, states that the offender is a probable violent sexual predator, shall
13 submit to a psychosexual evaluation. The evaluation is to be performed prior
14 to release from incarceration for the purpose of assessing risk of reoffense
15 and to determine whether the offender should be designated as a violent sexual
16 predator. These evaluations shall be performed either by a board-certified
17 psychiatrist or a licensed master's or doctoral level mental health profes-
18 sional licensed by this state pursuant to chapter 18, title 54, Idaho Code,
19 and chapter 23, title 54, Idaho Code, respectively, who has, by education,
20 experience and training, expertise in the assessment and treatment of sexual
21 offenders certified evaluator as defined in section 18-8303, Idaho Code, or a
22 mental health professional employed by the department of correction. The psy-
23 chiatrist or licensed master's or doctoral level mental health professional
24 individual performing an evaluation under this section shall not be a member
25 of the sexual offender classification board at the time the evaluation is per-
26 formed. The individual performing the evaluation shall be disqualified from
27 providing any treatment ordered or attached as a condition of parole, unless
28 waived by the department of correction. An evaluation conducted pursuant to
29 this section shall be done in accordance with the standards established by
30 rule of the board pursuant to section 18-8314, Idaho Code.
STATEMENT OF PURPOSE
RS 12349
Statutory authority is given to the Sexual Offender Classification
Board to establish the qualifications for approved evaluators who
perform psychosexual evaluations for the courts. Statute further
provides that the courts will compile a list of approved
evaluators, who may be selected to perform the ordered evaluations.
There, however, is no statewide means for assessing whether these
evaluators meet or maintain the qualifications as set forth. It is
in the best interest of society and the criminal justice system
that only professionals who have an ongoing understanding of the
complex nature of sexual offenders and their behaviors conduct
these evaluations.
This bill will liberate the judiciary from its responsibility for
determining providers' qualifications, and ensure that unqualified
providers will be precluded from performing psychosexual
evaluations for the courts. An application system will be
established to approve, provide quality assurance, and to "certify"
that evaluators who seek to perform psychosexual evaluations for
the courts do indeed meet the established standards. The Sexual
Offender Classification Board will administer the certification
system, and the Board will maintain a central roster of certified
evaluators for the courts' use.
Rulemaking authority will be provided to the Board, in order to
carry out these procedures.
FISCAL IMPACT
There will be no negative impact to state or local general funds.
A processing fee will be assessed to generate funding for
application processing costs and related expenses. Revenues
collected shall be entered into a dedicated fund designated for
administration of this program.
It is determined that the certification processing fees charged at
implementation of this program shall be less than the maximum fee
allowed. The number of applicants is anticipated to be
approximately 25 statewide, thereby realizing initial application
revenues of $1800 and subsequent yearly renewal revenues of $1200.
CONTACT
Name: Kathy Baird
Agency: Correction, Dept. of
Phone: 658-2149
Statement of Purpose/Fiscal Impact S100