2005 Legislation
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HOUSE BILL NO. 97 – Sex offender registratn, procedures

HOUSE BILL NO. 97

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H0097aa..............................by JUDICIARY, RULES AND ADMINISTRATION
SEX OFFENDER REGISTRATION - Amends the Sexual Offender Registration
Notification and Community Right-to-Know Act to revise application of the
act; and to revise provisions applicable to initial, local and annual
registration of sexual offenders.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Jud
02/18    Rpt out - to Gen Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Wills, Wood
    Floor Sponsor - Sali
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Jud
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Sweet
    Title apvd - to House
03/23    To enrol
03/24    Rpt enrol - Sp signed
03/25    Pres signed
03/28    To Governor
04/01    Governor signed
         Session Law Chapter 233
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 97
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEXUAL OFFENDERS; AMENDING SECTION 18-8304, IDAHO CODE, TO  REVISE
  3        APPLICATION  OF THE CHAPTER AND TO MAKE A TECHNICAL CORRECTION; AND AMEND-
  4        ING SECTION 18-8307, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE  TO  INI-
  5        TIAL, LOCAL AND ANNUAL REGISTRATION OF SEXUAL OFFENDERS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 18-8304, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        18-8304.  APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
 10    apply to any person who:
 11        (a)  On or after July 1, 1993, is convicted of the crime, or an attempt, a
 12        solicitation, or a conspiracy to commit a crime provided  for  in  section
 13        18-909  (assault  with  attempt  to  commit  rape,  infamous crime against
 14        nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
 15        murder or robbery), 18-911 (battery with attempt to commit rape,  infamous
 16        crime  against  nature,  or  lewd and lascivious conduct with a minor, but
 17        excluding mayhem, murder or robbery), 18-1506 (sexual  abuse  of  a  child
 18        under  sixteen  years  of  age),  18-1506A  (ritualized abuse of a child),
 19        18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
 20        exploitative material for other than a commercial purpose), 18-1508  (lewd
 21        conduct  with  a  minor  child), 18-1508A (sexual battery of a minor child
 22        sixteen or seventeen years of age), 18-1509A (enticing a  child  over  the
 23        internet),  18-4003(d) (murder committed in perpetration of rape), 18-4116
 24        (indecent exposure,  but  excluding  a  misdemeanor  conviction),  18-4502
 25        (first degree kidnapping committed for the purpose of rape, committing the
 26        infamous  crime  against  nature or for committing any lewd and lascivious
 27        act upon any child under the age of sixteen, or  for  purposes  of  sexual
 28        gratification  or  arousal),  18-4503  (second degree kidnapping where the
 29        victim  is  an  unrelated  minor  child),  18-6101  (rape,  but  excluding
 30        18-6101(1) where the defendant is  eighteen  years  of  age  or  younger),
 31        18-6108  (male  rape),  18-6110  (sexual contact with a prisoner), 18-6602
 32        (incest), 18-6605 (crime against nature), 18-6608 (forcible  sexual  pene-
 33        tration  by  use of a foreign object), or upon a second or subsequent con-
 34        viction under 18-6609, Idaho Code (video voyeurism);.
 35        (b)  Enters the state oOn or after July 1, 1993, and  who  has  been  con-
 36        victed  of any crime, an attempt, a solicitation or a conspiracy to commit
 37        a crime in another state, territory, commonwealth, or  other  jurisdiction
 38        of the United States, including tribal courts and military courts, that is
 39        substantially  equivalent  to  the offenses listed in subsection (1)(a) of
 40        this section and enters the state to establish permanent or temporary res-
 41        idence.
 42        (c)  Was required to register as a sex offender  in  any  other  state  or
 43        jurisdiction  when  he  established  permanent  or  temporary residency in
                                                                        
                                           2
                                                                        
  1        Idaho.
  2        (d)  Pleads guilty to or has been found guilty of a crime covered in  this
  3        chapter prior to July 1, 1993, and the person, as a result of the offense,
  4        is  incarcerated in a county jail facility or a penal facility or is under
  5        probation or parole supervision, on or after July 1, 1993.
  6        (de)  Is a nonresident regularly employed or working in Idaho or is a stu-
  7        dent in the state of Idaho and was  convicted,  found  guilty  or  pleaded
  8        guilty to a crime covered by this chapter and, as a result of such convic-
  9        tion, finding or plea, is required to register in his state of residence.
 10        (2)  The  provisions  of  this  chapter shall not apply to any such person
 11    while the person is incarcerated in a correctional institution of the  depart-
 12    ment  of  correction,  a  county jail facility or committed to a mental health
 13    institution of the department of health and welfare.
 14        (3)  A conviction for purposes of this chapter means that the  person  has
 15    pled guilty or has been found guilty, notwithstanding the form of the judgment
 16    or withheld judgment.
                                                                        
 17        SECTION  2.  That  Section 18-8307, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        18-8307.  LOCAL AND ANNUAL INITIAL REGISTRATION.
 20        (1)  (a) Within ten (10) days of coming into any county to establish resi-
 21        dence or temporary domicile, an offender shall register with  the  sheriff
 22        of  the county. Individuals registered under the prior sex offender regis-
 23        tration act, including those who registered within twelve (12)  months  of
 24        the  effective  date  of  this act, shall register with the sheriff of the
 25        county of residence within ten (10) days of the  effective  date  of  this
 26        act.  The  offender  thereafter shall update the registration annually. If
 27        the offender intends to reside in another state, the offender shall regis-
 28        ter in the other state within ten (10) days of moving to that state.
 29        (b)  Nonresidents required to register pursuant to  subsection  (1)(d)  of
 30        section 18-8304, Idaho Code, shall register with the sheriff of the county
 31        where  employed  or enrolled as a student within ten (10) days of the com-
 32        mencement of employment or enrollment  as  a  student  in  an  educational
 33        institution;  provided that nonresidents employed in counseling, coaching,
 34        teaching, supervising or working with minors in any way regardless of  the
 35        period  of  employment,  must  register  prior to the commencement of such
 36        employment.
 37        (2)  Annual registration shall be conducted as follows:
 38        (a)  On or about the first day of the  month  containing  the  anniversary
 39        date  of  the  initial  registration,  the  department  shall  mail a non-
 40        forwardable notice of annual registration to the offender's last  reported
 41        address;
 42        (b)  Within  ten (10) days of the mailing date of the notice, the offender
 43        shall appear in person at the office of the sheriff with jurisdiction  for
 44        the purpose of completing the registration process;
 45        (c)  If  the  notice  is  returned to the department as not delivered, the
 46        department shall inform the sheriff with whom the offender last registered
 47        of the returned notice.
 48        (3)  Registration, whether initial, local or annual, shall  consist  of  a
 49    form  provided  by  the department and approved by the attorney general, which
 50    shall be signed by the offender and shall require  the  following  information
 51    about the offender:
 52        (a)  Name  and  all  aliases  which the person has used or under which the
 53        person has been known;
                                                                        
                                           3
                                                                        
  1        (b)  A complete description of the person including the date of birth  and
  2        social security number;
  3        (c)  Name  of  each  offense enumerated in section 18-8304, Idaho Code, of
  4        which the person was convicted, where each offense  was  committed,  where
  5        the  person  was  convicted  of each offense, and the name under which the
  6        person was convicted of each offense;
  7        (d)  The name and location of each hospital, jail or penal institution  to
  8        which  the  person was committed for each offense covered under this chap-
  9        ter;
 10        (e)  School or college enrollment; and
 11        (f)  Address or physical description of current  residence  and  place  of
 12        employment.
 13        (42)  At  the  time of any registration, the sheriff shall obtain a photo-
 14    graph and fingerprints, in a  manner  approved  by  the  department,  and  may
 15    require  the  offender to provide full palm print impressions of each hand. An
 16    offender shall pay a fee of ten dollars ($10.00) to the sheriff at the time of
 17    each registration. The sheriff may waive the registration fee if the  offender
 18    demonstrates indigency. The fees collected under this section shall be used by
 19    the sheriff to defray the costs of sexual offender registration.
 20        (53)  The  sheriff shall forward the completed and signed form, photograph
 21    and fingerprints to the department within three (3) working days of the regis-
 22    tration.
 23        (a)  The official conducting the initial registration  shall  ensure  that
 24        the  notification  form  is  complete  and  that the offender has read and
 25        signed the form.
 26        (b)  No person subject to registration shall furnish false  or  misleading
 27        information when complying with registration and notification requirements
 28        of this chapter.
 29        (4)  (a)  Within ten (10) days of coming into any county to establish per-
 30        manent or temporary residence, an offender shall register with the sheriff
 31        of the county. The offender thereafter shall update the registration annu-
 32        ally.  If  the  offender  intends to reside in another state, the offender
 33        shall register in the other state within ten (10) days of moving  to  that
 34        state.
 35        (b)  A nonresident required to register pursuant to section 18-8304(1)(e),
 36        Idaho  Code,  shall register with the sheriff of the county where employed
 37        or enrolled as a student within ten  (10)  days  of  the  commencement  of
 38        employment  or enrollment as a student in an educational institution, pro-
 39        vided that nonresidents employed in counseling, coaching, teaching, super-
 40        vising or working with minors in any way,  regardless  of  the  period  of
 41        employment, must register prior to the commencement of such employment.
 42        (5)  Annual registration shall be conducted as follows:
 43        (a)  On  or  about  the  first day of the month containing the anniversary
 44        date of the last registration which required  fingerprints  and  a  photo-
 45        graph,  the department shall mail a nonforwardable notice of annual regis-
 46        tration to the offender's last reported address;
 47        (b)  Within ten (10) days of the mailing date of the notice, the  offender
 48        shall  appear in person at the office of the sheriff with jurisdiction for
 49        the purpose of completing the registration process;
 50        (c)  If the notice is returned to the department  as  not  delivered,  the
 51        department shall inform the sheriff with whom the offender last registered
 52        of the returned notice.
 53        (6)  The sheriff, or appointed deputies, may visit the residence of a reg-
 54    istered sexual offender within the county at any reasonable time to verify the
 55    address provided at the time of registration.
                                                                        
                                           4
                                                                        
  1        (7)  All  written  notifications  of  duty  to register as provided herein
  2    shall include a warning that it is a felony as provided  in  section  18-8327,
  3    Idaho Code, for an offender to accept employment in any day care center, group
  4    day care facility or family day care home, as those terms are defined in chap-
  5    ter  11, title 39, Idaho Code, or to be upon or to remain on the premises of a
  6    day care center, group day care facility or family day care home  while  chil-
  7    dren  are  present, other than to drop off or  pick up the offender's child or
  8    children.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Field (18)          
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 97
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 42  and  43  and  on  page  2,
  3    delete line 1 and insert:
  4        "(c)  Has  been  convicted  of  any crime, an attempt, a solicitation or a
  5        conspiracy to commit a crime in another state, territory, commonwealth, or
  6        other jurisdiction of the United States, including tribal courts and mili-
  7        tary courts, that is substantially equivalent to the  offenses  listed  in
  8        subsection  (1)(a)  of  this section and was required to register as a sex
  9        offender in any other state or jurisdiction when he established  permanent
 10        or temporary residency in Idaho.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 97, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEXUAL OFFENDERS; AMENDING SECTION 18-8304, IDAHO CODE, TO  REVISE
  3        APPLICATION  OF THE CHAPTER AND TO MAKE A TECHNICAL CORRECTION; AND AMEND-
  4        ING SECTION 18-8307, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE  TO  INI-
  5        TIAL, LOCAL AND ANNUAL REGISTRATION OF SEXUAL OFFENDERS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 18-8304, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        18-8304.  APPLICATION OF CHAPTER. (1) The provisions of this chapter shall
 10    apply to any person who:
 11        (a)  On or after July 1, 1993, is convicted of the crime, or an attempt, a
 12        solicitation, or a conspiracy to commit a crime provided  for  in  section
 13        18-909  (assault  with  attempt  to  commit  rape,  infamous crime against
 14        nature, or lewd and lascivious conduct with a minor, but excluding mayhem,
 15        murder or robbery), 18-911 (battery with attempt to commit rape,  infamous
 16        crime  against  nature,  or  lewd and lascivious conduct with a minor, but
 17        excluding mayhem, murder or robbery), 18-1506 (sexual  abuse  of  a  child
 18        under  sixteen  years  of  age),  18-1506A  (ritualized abuse of a child),
 19        18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually
 20        exploitative material for other than a commercial purpose), 18-1508  (lewd
 21        conduct  with  a  minor  child), 18-1508A (sexual battery of a minor child
 22        sixteen or seventeen years of age), 18-1509A (enticing a  child  over  the
 23        internet),  18-4003(d) (murder committed in perpetration of rape), 18-4116
 24        (indecent exposure,  but  excluding  a  misdemeanor  conviction),  18-4502
 25        (first degree kidnapping committed for the purpose of rape, committing the
 26        infamous  crime  against  nature or for committing any lewd and lascivious
 27        act upon any child under the age of sixteen, or  for  purposes  of  sexual
 28        gratification  or  arousal),  18-4503  (second degree kidnapping where the
 29        victim  is  an  unrelated  minor  child),  18-6101  (rape,  but  excluding
 30        18-6101(1) where the defendant is  eighteen  years  of  age  or  younger),
 31        18-6108  (male  rape),  18-6110  (sexual contact with a prisoner), 18-6602
 32        (incest), 18-6605 (crime against nature), 18-6608 (forcible  sexual  pene-
 33        tration  by  use of a foreign object), or upon a second or subsequent con-
 34        viction under 18-6609, Idaho Code (video voyeurism);.
 35        (b)  Enters the state oOn or after July 1, 1993, and  who  has  been  con-
 36        victed  of any crime, an attempt, a solicitation or a conspiracy to commit
 37        a crime in another state, territory, commonwealth, or  other  jurisdiction
 38        of the United States, including tribal courts and military courts, that is
 39        substantially  equivalent  to  the offenses listed in subsection (1)(a) of
 40        this section and enters the state to establish permanent or temporary res-
 41        idence.
 42        (c)  Has been convicted of any crime, an attempt, a solicitation or a con-
 43        spiracy to commit a crime in another state,  territory,  commonwealth,  or
                                                                        
                                           2
                                                                        
  1        other jurisdiction of the United States, including tribal courts and mili-
  2        tary  courts,  that  is substantially equivalent to the offenses listed in
  3        subsection (1)(a) of this section and was required to register  as  a  sex
  4        offender  in any other state or jurisdiction when he established permanent
  5        or temporary residency in Idaho.
  6        (d)  Pleads guilty to or has been found guilty of a crime covered in  this
  7        chapter prior to July 1, 1993, and the person, as a result of the offense,
  8        is  incarcerated in a county jail facility or a penal facility or is under
  9        probation or parole supervision, on or after July 1, 1993.
 10        (de)  Is a nonresident regularly employed or working in Idaho or is a stu-
 11        dent in the state of Idaho and was  convicted,  found  guilty  or  pleaded
 12        guilty to a crime covered by this chapter and, as a result of such convic-
 13        tion, finding or plea, is required to register in his state of residence.
 14        (2)  The  provisions  of  this  chapter shall not apply to any such person
 15    while the person is incarcerated in a correctional institution of the  depart-
 16    ment  of  correction,  a  county jail facility or committed to a mental health
 17    institution of the department of health and welfare.
 18        (3)  A conviction for purposes of this chapter means that the  person  has
 19    pled guilty or has been found guilty, notwithstanding the form of the judgment
 20    or withheld judgment.
                                                                        
 21        SECTION  2.  That  Section 18-8307, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        18-8307.  LOCAL AND ANNUAL INITIAL REGISTRATION.
 24        (1)  (a) Within ten (10) days of coming into any county to establish resi-
 25        dence or temporary domicile, an offender shall register with  the  sheriff
 26        of  the county. Individuals registered under the prior sex offender regis-
 27        tration act, including those who registered within twelve (12)  months  of
 28        the  effective  date  of  this act, shall register with the sheriff of the
 29        county of residence within ten (10) days of the  effective  date  of  this
 30        act.  The  offender  thereafter shall update the registration annually. If
 31        the offender intends to reside in another state, the offender shall regis-
 32        ter in the other state within ten (10) days of moving to that state.
 33        (b)  Nonresidents required to register pursuant to  subsection  (1)(d)  of
 34        section 18-8304, Idaho Code, shall register with the sheriff of the county
 35        where  employed  or enrolled as a student within ten (10) days of the com-
 36        mencement of employment or enrollment  as  a  student  in  an  educational
 37        institution;  provided that nonresidents employed in counseling, coaching,
 38        teaching, supervising or working with minors in any way regardless of  the
 39        period  of  employment,  must  register  prior to the commencement of such
 40        employment.
 41        (2)  Annual registration shall be conducted as follows:
 42        (a)  On or about the first day of the  month  containing  the  anniversary
 43        date  of  the  initial  registration,  the  department  shall  mail a non-
 44        forwardable notice of annual registration to the offender's last  reported
 45        address;
 46        (b)  Within  ten (10) days of the mailing date of the notice, the offender
 47        shall appear in person at the office of the sheriff with jurisdiction  for
 48        the purpose of completing the registration process;
 49        (c)  If  the  notice  is  returned to the department as not delivered, the
 50        department shall inform the sheriff with whom the offender last registered
 51        of the returned notice.
 52        (3)  Registration, whether initial, local or annual, shall  consist  of  a
 53    form  provided  by  the department and approved by the attorney general, which
                                                                        
                                           3
                                                                        
  1    shall be signed by the offender and shall require  the  following  information
  2    about the offender:
  3        (a)  Name  and  all  aliases  which the person has used or under which the
  4        person has been known;
  5        (b)  A complete description of the person including the date of birth  and
  6        social security number;
  7        (c)  Name  of  each  offense enumerated in section 18-8304, Idaho Code, of
  8        which the person was convicted, where each offense  was  committed,  where
  9        the  person  was  convicted  of each offense, and the name under which the
 10        person was convicted of each offense;
 11        (d)  The name and location of each hospital, jail or penal institution  to
 12        which  the  person was committed for each offense covered under this chap-
 13        ter;
 14        (e)  School or college enrollment; and
 15        (f)  Address or physical description of current  residence  and  place  of
 16        employment.
 17        (42)  At  the  time of any registration, the sheriff shall obtain a photo-
 18    graph and fingerprints, in a  manner  approved  by  the  department,  and  may
 19    require  the  offender to provide full palm print impressions of each hand. An
 20    offender shall pay a fee of ten dollars ($10.00) to the sheriff at the time of
 21    each registration. The sheriff may waive the registration fee if the  offender
 22    demonstrates indigency. The fees collected under this section shall be used by
 23    the sheriff to defray the costs of sexual offender registration.
 24        (53)  The  sheriff shall forward the completed and signed form, photograph
 25    and fingerprints to the department within three (3) working days of the regis-
 26    tration.
 27        (a)  The official conducting the initial registration  shall  ensure  that
 28        the  notification  form  is  complete  and  that the offender has read and
 29        signed the form.
 30        (b)  No person subject to registration shall furnish false  or  misleading
 31        information when complying with registration and notification requirements
 32        of this chapter.
 33        (4)  (a)  Within ten (10) days of coming into any county to establish per-
 34        manent or temporary residence, an offender shall register with the sheriff
 35        of the county. The offender thereafter shall update the registration annu-
 36        ally.  If  the  offender  intends to reside in another state, the offender
 37        shall register in the other state within ten (10) days of moving  to  that
 38        state.
 39        (b)  A nonresident required to register pursuant to section 18-8304(1)(e),
 40        Idaho  Code,  shall register with the sheriff of the county where employed
 41        or enrolled as a student within ten  (10)  days  of  the  commencement  of
 42        employment  or enrollment as a student in an educational institution, pro-
 43        vided that nonresidents employed in counseling, coaching, teaching, super-
 44        vising or working with minors in any way,  regardless  of  the  period  of
 45        employment, must register prior to the commencement of such employment.
 46        (5)  Annual registration shall be conducted as follows:
 47        (a)  On  or  about  the  first day of the month containing the anniversary
 48        date of the last registration which required  fingerprints  and  a  photo-
 49        graph,  the department shall mail a nonforwardable notice of annual regis-
 50        tration to the offender's last reported address;
 51        (b)  Within ten (10) days of the mailing date of the notice, the  offender
 52        shall  appear in person at the office of the sheriff with jurisdiction for
 53        the purpose of completing the registration process;
 54        (c)  If the notice is returned to the department  as  not  delivered,  the
 55        department shall inform the sheriff with whom the offender last registered
                                                                        
                                           4
                                                                        
  1        of the returned notice.
  2        (6)  The sheriff, or appointed deputies, may visit the residence of a reg-
  3    istered sexual offender within the county at any reasonable time to verify the
  4    address provided at the time of registration.
  5        (7)  All  written  notifications  of  duty  to register as provided herein
  6    shall include a warning that it is a felony as provided  in  section  18-8327,
  7    Idaho Code, for an offender to accept employment in any day care center, group
  8    day care facility or family day care home, as those terms are defined in chap-
  9    ter  11, title 39, Idaho Code, or to be upon or to remain on the premises of a
 10    day care center, group day care facility or family day care home  while  chil-
 11    dren  are  present, other than to drop off or  pick up the offender's child or
 12    children.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS 14481C1

This bill makes updates and corrections to portions of the Sexual
Offender Registration Notification and Community Right-to-Know Act.

Section 18-8304 of Idaho's Sex Offender Registration law currently
does not apply to offenders convicted under Idaho Code section 18-
6110, Sexual Contact with a Prisoner. Including this code section as a
qualifying offense for registration will ensure that offenders
convicted of this crime will be required to register as sexual
offenders.  

The second amendment to 18-8304 in this bill addresses an inequity of
language regarding the registration of offenders convicted of
equivalent crimes in other states.  Currently, offenders convicted in
Idaho before July 1, 1993, not incarcerated or on probation or parole,
are not required to register. Offenders convicted of an equivalent
crime who move to Idaho from another state however, must register here
regardless of their conviction date.  This has caused problems for
registry staff and resulted in at least one proposed lawsuit against
the state.  

The proposed amendment adds consistency in the language regarding
conviction dates for both out-of-state offenders who move to Idaho and
in-state offenders convicted of eligible crimes, and includes any
offender required to register in another state.

Idaho Code section 18-8307 addresses three types of offender
registration but as currently written is somewhat disjointed.  The
amendment to this section uses the existing language but places the
subsections in a different, more readable order.  Additionally, where
the code currently uses the phrase "residence or temporary domicile",
the phrase "permanent or temporary residence" is substituted.  The
word "domicile" has a specific legal definition that implies
permanency and its use with the word "temporary" is confusing.


                          FISCAL NOTE

While a small workload increase will be experienced in the first year
after enactment as state registry staff and Sheriffs Offices staff
review existing files for accurate information to correct the
registry, the workload increase should not translate into a
significant fiscal impact.


CONTACT
Name:   Ann Cronin
Agency: Idaho State Police
Phone:  884-7002

Statement of Purpose/Fiscal Note                        H 97