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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 - 2003IN 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 forapprovedcertified 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 aboard-certified psy-44chiatrist or by a licensed master's or doctoral level mental health profes-45sionalcertified 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 thepsychiatrist or a licensed master's or doc-48toral level mental health professional to perform the evaluationcertified 49 evaluator from alistcentral roster ofapprovedevaluators compiled by the 50district courtsexual offender classification board. Apsychiatrist or51licensed master's or doctoral level mental health professionalcertified 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 aboard-certified17psychiatrist or a licensed master's or doctoral level mental health profes-18sional licensed by this state pursuant to chapter 18, title 54, Idaho Code,19and chapter 23, title 54, Idaho Code, respectively, who has, by education,20experience and training, expertise in the assessment and treatment of sexual21offenderscertified evaluator as defined in section 18-8303, Idaho Code, or a 22 mental health professional employed by the department of correction. Thepsy-23chiatrist or licensed master's or doctoral level mental health professional24 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 - 2003Moved 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 - 2003IN 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 forapprovedcertified 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 aboard-certified psy-44chiatrist or by a licensed master's or doctoral level mental health profes-45sionalcertified 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 thepsychiatrist or a licensed master's or doc-48toral level mental health professional to perform the evaluationcertified 49 evaluator from alistcentral roster ofapprovedevaluators compiled by the 50district courtsexual offender classification board. Apsychiatrist or51licensed master's or doctoral level mental health professionalcertified 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 aboard-certified17psychiatrist or a licensed master's or doctoral level mental health profes-18sional licensed by this state pursuant to chapter 18, title 54, Idaho Code,19and chapter 23, title 54, Idaho Code, respectively, who has, by education,20experience and training, expertise in the assessment and treatment of sexual21offenderscertified evaluator as defined in section 18-8303, Idaho Code, or a 22 mental health professional employed by the department of correction. Thepsy-23chiatrist or licensed master's or doctoral level mental health professional24 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