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S1300aa,aaH..........................................by JUDICIARY AND RULES
SEXUAL OFFENDER CLASSIFICATION BOARD - Amends existing law relating to sex
offenders to revise the powers and duties of the Sexual Offender
Classification Board to provide for board review of certain crimes and
violations.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/02 To 14th Ord
02/17 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/21 2nd rdg - to 3rd rdg as amen
02/24 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, 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 -- None
Floor Sponsor - Lodge
Title apvd - to House
02/27 House intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/07 To Gen Ord
03/13 Rpt out amen - to 1st rdg as amen
03/14 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/22 3rd rdg as amen - PASSED - 68-1-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson,
Jaquet, 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,
Wills, Wood, Mr. Speaker
NAYS -- Hart
Absent and excused -- Denney
Floor Sponsor - Field(18)
Title apvd - to Senate
03/24 Senate concurred in House amens - to engros
03/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, 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 -- None
Floor Sponsor - Lodge
Title apvd - to enrol
03/30 Rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/07 Governor signed
Session Law Chapter 379
Effective: 04/07/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1300
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SEX OFFENDERS; AMENDING SECTION 18-8314, IDAHO CODE, TO REVISE THE
3 POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD TO PROVIDE
4 FOR BOARD REVIEW OF CERTAIN CRIMES AND VIOLATIONS; AND DECLARING AN EMER-
5 GENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-8314, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD.
10 (1) The board shall consider for review offenders scheduled for release from
11 incarceration who are referred by the department of correction or parole com-
12 mission to determine whether the offender should be designated as a violent
13 sexual predator presenting a high risk of reoffense. Only offenders who were
14 sentenced and convicted for one (1) or more of the crimes set forth in sec-
15 tions 18-1506, 18-1506A, 18-1507, 18-1508, 18-4003(d), 18-4502, 18-6101 (but
16 excluding subsection 1. of such section when the offender is eighteen (18)
17 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code,
18 or any violation of the duty to register as provided in this chapter, or are
19 recidivists as defined in this chapter, are eligible for review by the board.
20 (2) The board shall consider for review offenders who were sentenced and
21 convicted for one (1) or more crimes enumerated in subsection (1) of this sec-
22 tion, who have been released under supervision, for the purpose of determining
23 whether the offender should be designated as a violent sexual predator pre-
24 senting a high risk of reoffense. Such review shall be undertaken upon request
25 of the district court having jurisdiction over the offender on probation or of
26 the parole commission if the offender has been released on parole regardless
27 of whether the offender has been reviewed by the board prior to release from
28 incarceration. For purposes of seeking a board review pursuant to this subsec-
29 tion, the court or parole commission may consider all relevant evidence
30 including, but not limited to, the probation or parole official's observations
31 and opinions of these offenders while under supervision, in light of the cir-
32 cumstances of the underlying offense.
33 (3) The board shall consider for review offenders living in Idaho who
34 were sentenced and convicted for one (1) or more crimes enumerated in subsec-
35 tion (1) of this section, or substantially equivalent to those enumerated in
36 subsection (1) of this section and committed in another state, territory, com-
37 monwealth or other jurisdiction of the United States, including tribal courts
38 and military courts, and who have been released under federal or tribal court
39 supervision. Such review shall be for the purpose of determining whether the
40 offender should be designated as a violent sexual predator presenting a high
41 risk of reoffense, and shall be undertaken upon request of the federal or
42 tribal court having jurisdiction over the offender. For purposes of seeking a
43 board review pursuant to this subsection, the federal or tribal court may con-
2
1 sider all relevant evidence including, but not limited to, the probation
2 official's observations and opinions of these offenders while under supervi-
3 sion, in light of the circumstances of the underlying offense.
4 (4) The board shall by rule:
5 (a) Establish standards for psychosexual evaluations and the qualifica-
6 tions for certified evaluators performing evaluations pursuant to sections
7 18-8316 and 18-8317, Idaho Code.
8 (b) Set forth procedures for the approval, certification and quality
9 assurance of evaluators pursuant to this section.
10 (c) Establish a nonrefundable initial certification processing fee not to
11 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer-
12 tification processing fee not to exceed one hundred fifty dollars ($150).
13 (5) The board shall establish guidelines to determine whether an offender
14 who meets the criteria of this section is a violent sexual predator presenting
15 a high risk of reoffense. The guidelines shall be established with the assis-
16 tance of sexual offender treatment and law enforcement professionals who have,
17 by education, experience or training, expertise in the assessment and treat-
18 ment of sexual offenders.
19 (a) Factors to be used in establishment of the guidelines must be sup-
20 ported in the sexual offender assessment field as criteria reasonably
21 related to the risk of reoffense and be objective criteria that can be
22 gathered in a consistent and reliable manner.
23 (b) The guidelines shall include, but are not limited to, the following
24 general categories for risk assessment: seriousness of the offense,
25 offense history, whether the offense was predatory, characteristics of the
26 offender, characteristics of the victim, the relationship of the offender
27 to the victim, the number of victims and the number of violations of each
28 victim.
29 (6) If the offender has indicated an intention to reoffend if released
30 into the community and the available record reveals credible evidence to sup-
31 port this finding, then the offender shall be deemed a violent sexual predator
32 regardless of application of the guidelines.
33 (7) Once the board has made its determination, it shall set forth written
34 findings which shall include:
35 (a) The board's risk assessment and the reasons upon which the risk
36 assessment was based; and
37 (b) The board's determination whether the offender should be designated
38 as a violent sexual predator and the reasons upon which the determination
39 was based.
40 (8) The board shall have authority to promulgate rules to carry out the
41 provisions of this chapter.
42 SECTION 2. An emergency existing therefor, which emergency is hereby
43 declared to exist, this act shall be in full force and effect on and after its
44 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Clark
Seconded by Field (18)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1300, As Amended
1 AMENDMENT TO SECTION 1
2 On page 1 of the engrossed bill, delete lines 22 and 23 and insert: "tion,
3 or any violation of the duty to register as provided in this chapter, or
4 offenders who are recidivists as defined in this chapter, who have".
2
Moved by Lodge
Seconded by Darrington
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1300
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 22, following "tion" insert:
3 "including any violation of the duty to register as provided in this chapter
4 and offenders who are recidivists as defined in this chapter".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE
BILL NO. 1300, As Amended, As Amended in the House
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SEX OFFENDERS; AMENDING SECTION 18-8314, IDAHO CODE, TO REVISE THE
3 POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD TO PROVIDE
4 FOR BOARD REVIEW OF CERTAIN CRIMES AND VIOLATIONS; AND DECLARING AN EMER-
5 GENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 18-8314, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD.
10 (1) The board shall consider for review offenders scheduled for release from
11 incarceration who are referred by the department of correction or parole com-
12 mission to determine whether the offender should be designated as a violent
13 sexual predator presenting a high risk of reoffense. Only offenders who were
14 sentenced and convicted for one (1) or more of the crimes set forth in sec-
15 tions 18-1506, 18-1506A, 18-1507, 18-1508, 18-4003(d), 18-4502, 18-6101 (but
16 excluding subsection 1. of such section when the offender is eighteen (18)
17 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code,
18 or any violation of the duty to register as provided in this chapter, or are
19 recidivists as defined in this chapter, are eligible for review by the board.
20 (2) The board shall consider for review offenders who were sentenced and
21 convicted for one (1) or more crimes enumerated in subsection (1) of this sec-
22 tion, or any violation of the duty to register as provided in this chapter, or
23 offenders who are recidivists as defined in this chapter, who have been
24 released under supervision, for the purpose of determining whether the
25 offender should be designated as a violent sexual predator presenting a high
26 risk of reoffense. Such review shall be undertaken upon request of the dis-
27 trict court having jurisdiction over the offender on probation or of the
28 parole commission if the offender has been released on parole regardless of
29 whether the offender has been reviewed by the board prior to release from
30 incarceration. For purposes of seeking a board review pursuant to this subsec-
31 tion, the court or parole commission may consider all relevant evidence
32 including, but not limited to, the probation or parole official's observations
33 and opinions of these offenders while under supervision, in light of the cir-
34 cumstances of the underlying offense.
35 (3) The board shall consider for review offenders living in Idaho who
36 were sentenced and convicted for one (1) or more crimes enumerated in subsec-
37 tion (1) of this section, or substantially equivalent to those enumerated in
38 subsection (1) of this section and committed in another state, territory, com-
39 monwealth or other jurisdiction of the United States, including tribal courts
40 and military courts, and who have been released under federal or tribal court
41 supervision. Such review shall be for the purpose of determining whether the
42 offender should be designated as a violent sexual predator presenting a high
2
1 risk of reoffense, and shall be undertaken upon request of the federal or
2 tribal court having jurisdiction over the offender. For purposes of seeking a
3 board review pursuant to this subsection, the federal or tribal court may con-
4 sider all relevant evidence including, but not limited to, the probation
5 official's observations and opinions of these offenders while under supervi-
6 sion, in light of the circumstances of the underlying offense.
7 (4) The board shall by rule:
8 (a) Establish standards for psychosexual evaluations and the qualifica-
9 tions for certified evaluators performing evaluations pursuant to sections
10 18-8316 and 18-8317, Idaho Code.
11 (b) Set forth procedures for the approval, certification and quality
12 assurance of evaluators pursuant to this section.
13 (c) Establish a nonrefundable initial certification processing fee not to
14 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer-
15 tification processing fee not to exceed one hundred fifty dollars ($150).
16 (5) The board shall establish guidelines to determine whether an offender
17 who meets the criteria of this section is a violent sexual predator presenting
18 a high risk of reoffense. The guidelines shall be established with the assis-
19 tance of sexual offender treatment and law enforcement professionals who have,
20 by education, experience or training, expertise in the assessment and treat-
21 ment of sexual offenders.
22 (a) Factors to be used in establishment of the guidelines must be sup-
23 ported in the sexual offender assessment field as criteria reasonably
24 related to the risk of reoffense and be objective criteria that can be
25 gathered in a consistent and reliable manner.
26 (b) The guidelines shall include, but are not limited to, the following
27 general categories for risk assessment: seriousness of the offense,
28 offense history, whether the offense was predatory, characteristics of the
29 offender, characteristics of the victim, the relationship of the offender
30 to the victim, the number of victims and the number of violations of each
31 victim.
32 (6) If the offender has indicated an intention to reoffend if released
33 into the community and the available record reveals credible evidence to sup-
34 port this finding, then the offender shall be deemed a violent sexual predator
35 regardless of application of the guidelines.
36 (7) Once the board has made its determination, it shall set forth written
37 findings which shall include:
38 (a) The board's risk assessment and the reasons upon which the risk
39 assessment was based; and
40 (b) The board's determination whether the offender should be designated
41 as a violent sexual predator and the reasons upon which the determination
42 was based.
43 (8) The board shall have authority to promulgate rules to carry out the
44 provisions of this chapter.
45 SECTION 2. An emergency existing therefor, which emergency is hereby
46 declared to exist, this act shall be in full force and effect on and after its
47 passage and approval.
3
IN THE SENATE
SENATE BILL NO. 1300, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SEX OFFENDERS; AMENDING SECTION 18-8314, IDAHO CODE, TO REVISE THE
3 POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD TO PROVIDE
4 FOR BOARD REVIEW OF CERTAIN CRIMES AND VIOLATIONS; AND DECLARING AN EMER-
5 GENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 3. That Section 18-8314, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD.
10 (1) The board shall consider for review offenders scheduled for release from
11 incarceration who are referred by the department of correction or parole com-
12 mission to determine whether the offender should be designated as a violent
13 sexual predator presenting a high risk of reoffense. Only offenders who were
14 sentenced and convicted for one (1) or more of the crimes set forth in sec-
15 tions 18-1506, 18-1506A, 18-1507, 18-1508, 18-4003(d), 18-4502, 18-6101 (but
16 excluding subsection 1. of such section when the offender is eighteen (18)
17 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code,
18 or any violation of the duty to register as provided in this chapter, or are
19 recidivists as defined in this chapter, are eligible for review by the board.
20 (2) The board shall consider for review offenders who were sentenced and
21 convicted for one (1) or more crimes enumerated in subsection (1) of this sec-
22 tion including any violation of the duty to register as provided in this chap-
23 ter and offenders who are recidivists as defined in this chapter, who have
24 been released under supervision, for the purpose of determining whether the
25 offender should be designated as a violent sexual predator presenting a high
26 risk of reoffense. Such review shall be undertaken upon request of the dis-
27 trict court having jurisdiction over the offender on probation or of the
28 parole commission if the offender has been released on parole regardless of
29 whether the offender has been reviewed by the board prior to release from
30 incarceration. For purposes of seeking a board review pursuant to this subsec-
31 tion, the court or parole commission may consider all relevant evidence
32 including, but not limited to, the probation or parole official's observations
33 and opinions of these offenders while under supervision, in light of the cir-
34 cumstances of the underlying offense.
35 (3) The board shall consider for review offenders living in Idaho who
36 were sentenced and convicted for one (1) or more crimes enumerated in subsec-
37 tion (1) of this section, or substantially equivalent to those enumerated in
38 subsection (1) of this section and committed in another state, territory, com-
39 monwealth or other jurisdiction of the United States, including tribal courts
40 and military courts, and who have been released under federal or tribal court
41 supervision. Such review shall be for the purpose of determining whether the
42 offender should be designated as a violent sexual predator presenting a high
43 risk of reoffense, and shall be undertaken upon request of the federal or
44 tribal court having jurisdiction over the offender. For purposes of seeking a
45 board review pursuant to this subsection, the federal or tribal court may con-
46 sider all relevant evidence including, but not limited to, the probation
4
1 official's observations and opinions of these offenders while under supervi-
2 sion, in light of the circumstances of the underlying offense.
3 (4) The board shall by rule:
4 (a) Establish standards for psychosexual evaluations and the qualifica-
5 tions for certified evaluators performing evaluations pursuant to sections
6 18-8316 and 18-8317, Idaho Code.
7 (b) Set forth procedures for the approval, certification and quality
8 assurance of evaluators pursuant to this section.
9 (c) Establish a nonrefundable initial certification processing fee not to
10 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer-
11 tification processing fee not to exceed one hundred fifty dollars ($150).
12 (5) The board shall establish guidelines to determine whether an offender
13 who meets the criteria of this section is a violent sexual predator presenting
14 a high risk of reoffense. The guidelines shall be established with the assis-
15 tance of sexual offender treatment and law enforcement professionals who have,
16 by education, experience or training, expertise in the assessment and treat-
17 ment of sexual offenders.
18 (a) Factors to be used in establishment of the guidelines must be sup-
19 ported in the sexual offender assessment field as criteria reasonably
20 related to the risk of reoffense and be objective criteria that can be
21 gathered in a consistent and reliable manner.
22 (b) The guidelines shall include, but are not limited to, the following
23 general categories for risk assessment: seriousness of the offense,
24 offense history, whether the offense was predatory, characteristics of the
25 offender, characteristics of the victim, the relationship of the offender
26 to the victim, the number of victims and the number of violations of each
27 victim.
28 (6) If the offender has indicated an intention to reoffend if released
29 into the community and the available record reveals credible evidence to sup-
30 port this finding, then the offender shall be deemed a violent sexual predator
31 regardless of application of the guidelines.
32 (7) Once the board has made its determination, it shall set forth written
33 findings which shall include:
34 (a) The board's risk assessment and the reasons upon which the risk
35 assessment was based; and
36 (b) The board's determination whether the offender should be designated
37 as a violent sexual predator and the reasons upon which the determination
38 was based.
39 (8) The board shall have authority to promulgate rules to carry out the
40 provisions of this chapter.
41 SECTION 4. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
STATEMENT OF PURPOSE
RS 15687
In 1998, Idaho enacted the Sexual Offender Registration
Notification and Community Right-To-Know Act, in response to the
federal Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act/Megan’s Law. This bill expands
the list of crimes for which an offender may be reviewed for
violent sexual predator designation.
The commercial production of sexually exploitative materials
involving children may involve many of the same criminal acts
that are currently subject to review for sexual predator
designation. However, this offense was not included in the list
of “reviewable” offenses. An offender who produces such
materials may be considered as predatory, and therefore should
be eligible for sexual predator designation review.
An offender’s failure to comply with the sexual offender
registration requirements presents a risk to community safety,
and demonstrates a willful disregard for the laws of this state.
Including this crime in Section 18-8314, Idaho Code, will enable
the Sexual Offender Classification Board to review dangerous
offenders who have been convicted of sexual offenses in
jurisdictions other than Idaho, who reside in this state and
evade lawful registration.
FISCAL NOTE
No measurable impact on state or local funds is anticipated from
these changes.
CONTACT
Name: Kathy Baird
Agency: Correction, Dept. of
Phone: 658-2149
STATEMENT OF PURPOSE/FISCAL NOTE S 1300