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H0417aa..............................by JUDICIARY, RULES AND ADMINISTRATION
SEX OFFENDERS - Adds to existing law relating to adult criminal sex
offenders to restrict persons registered or required to register under the
Idaho sex offender registration act from living together in groups
exceeding two registered sex offenders; and to provide exceptions.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/01 Rpt out - to Gen Ord
02/11 Rpt out amen - to engros
02/12 Rpt engros - 1st rdg - to 2nd rdg as amen
02/13 2nd rdg - to 3rd rdg as amen
02/18 3rd rdg as amen - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
Pence, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Smith(30)(Stanek), Snodgrass, Thayn, Thomas, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Raybould, Stevenson
Floor Sponsor - Luker
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Cameron, Coiner, Corder,
Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Broadsword, Burkett, Gannon
Floor Sponsors - Lodge & McKenzie
Title apvd - to House
03/07 To enrol
03/10 Rpt enrol - Sp signed
03/11 Pres signed - To Governor
03/17 Governor signed
Session Law Chapter 124
Effective: 03/17/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 417 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS; AMENDING CHAPTER 83, TITLE 18, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 18-8331, IDAHO CODE, TO RESTRICT 4 PERSONS CURRENTLY REGISTERED OR REQUIRED TO REGISTER UNDER THE IDAHO SEX 5 OFFENDER REGISTRATION ACT FROM LIVING TOGETHER IN GROUPS EXCEEDING TWO 6 REGISTERED OFFENDERS, TO PROVIDE DEFINITIONS, TO PROVIDE FOR EXCEPTIONS, 7 TO PROVIDE FOR STANDARDS RELATING TO RESIDENTIAL HOUSES FOR REGISTERED SEX 8 OFFENDERS, TO PROVIDE FOR NOTICE TO THE DEPARTMENT OF CORRECTION, TO PRO- 9 HIBIT VIOLATIONS OF THIS SECTION AND TO PROVIDE FOR INJUNCTIVE RELIEF FOR 10 CITIES AND COUNTIES; AND DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 83, Title 18, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 18-8331, Idaho Code, and to read as follows: 15 18-8331. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED GROUP DWELLING -- 16 EXCEPTIONS. (1) Except as otherwise provided in this section, when a person is 17 required to register pursuant to this chapter, that person may not reside in 18 any residential dwelling unit with more than one (1) other person who is also 19 required to register pursuant to this chapter. If, on the effective date of 20 this section, any person required to register pursuant to this chapter, is 21 legally residing in a residential dwelling unit with more than one (1) other 22 person required to so register, the person may continue to reside in that res- 23 idential dwelling unit without violating the provisions of this section, pro- 24 vided that no additional persons so required to register shall move into that 25 residential dwelling unit if the person moving in would be in violation of 26 this section. 27 (2) For purposes of this section: 28 (a) "Reside" and "residing" mean occupying the residential dwelling unit 29 as a fixed place of abode or habitation for any period and to which place 30 the person has the intention of returning after a departure or absence 31 therefrom regardless of the duration of absence. 32 (b) "Residential dwelling unit" includes, but is not limited to, single 33 family dwellings and units in multifamily dwellings including units in 34 duplexes, apartment dwellings, mobile homes, condominiums and townhouses 35 in areas zoned as residential. 36 (3) (a) A judge of the district court may, upon petition and after an 37 appropriate hearing, authorize a person required to register pursuant to 38 this chapter, to reside in a residential dwelling unit with more than one 39 (1) other person who is also required to register pursuant to this chap- 40 ter, if the judge determines that: 41 (i) Upon clear and convincing evidence that not doing so would 42 deprive the petitioner of a constitutionally guaranteed right; and 43 (ii) That such right is more compelling under the facts of the case 2 1 than is the interest of the state and local government in protecting 2 neighboring citizens, including minors, from risk of physical or psy- 3 chological harm. Such risk of harm shall be presumed absent clear and 4 convincing evidence to the contrary given the applicant's status as a 5 person required to register pursuant to this chapter; 6 (b) Any exception allowed under this section shall be limited to allevi- 7 ate only a deprivation of constitutional right which is more compelling 8 than the interest of the state and local government in minimizing the risk 9 of harm to the neighboring citizens; 10 (c) Any order of exception under this section shall be made a part of the 11 registry maintained pursuant to this chapter. 12 (4) Any city or county may establish standards for the establishment and 13 operation of residential houses for registered sex offenders which exceed the 14 number of registered sex offenders allowed to reside in a residential dwelling 15 unit under subsection (1) of this section. Applicable standards shall include 16 establishing procedures to allow comment of neighboring residents within a 17 specified distance, and may include, but are not limited to: 18 (a) Designating permissible zones in which such houses may be located; 19 (b) Designating permissible distances between such houses; 20 (c) Designating the maximum number of registered sex offenders allowed to 21 reside in such houses; 22 (d) Designating qualifications and standards for supervision and care of 23 such houses and the residents; 24 (e) Designating requirements and procedures to qualify as the operator of 25 such houses, including any requirement that the residents be engaged in 26 treatment or support programs for sex offenders and related addiction 27 treatment or support programs; and 28 (f) Designating any health and safety requirements which are different 29 than those applicable to other residential dwelling units in the zone. 30 (5) No person or entity shall operate a residence house for registered 31 sex offenders in violation of the limitations of subsection (1) of this sec- 32 tion except as otherwise provided under subsection (4) of this section. If, on 33 the effective date of this section, any individual or entity is operating an 34 existing residence house for persons required to register pursuant to this 35 chapter, and when such individual or entity also requires such persons to be 36 participants in a sex offender treatment or support program such individual or 37 entity shall not be precluded from continuing to operate such residence house, 38 provided that: 39 (a) The residence house shall not operate at a capacity exceeding eight 40 (8) residents in the dwelling unit and two (2) residents per bedroom, or 41 the existing number of residents, whichever is less; 42 (b) Once the governing city or county enacts an ordinance pursuant to 43 subsection (4) of this section establishing standards for the operation of 44 a residence house for sex offenders, the operator of the residence house 45 shall, no later than one (1) year after enactment of the ordinance, comply 46 with all standards of the ordinance, except any requirement that is less 47 than the maximum capacity provided for under subsection (5)(a) of this 48 section or which requires a relocation of the residence; 49 (c) The burden of proving that an existing residence house qualifies for 50 continuing operation under this subsection shall be upon the operator of 51 the residence house; 52 (d) Any change in the use of an existing residence house shall void the 53 exception for the continuing operation of the house under the provisions 54 of this section. 55 (6) If any person required to register pursuant to this chapter, is on 3 1 parole or probation under the supervision of the Idaho department of correc- 2 tion, the department shall be notified by the person or the person's agent of 3 any intent to reside with another person required to register under this chap- 4 ter. The department must approve the living arrangement in advance as consis- 5 tent with the terms of the parole or probation, and consistent with the objec- 6 tive of reducing the risk of recidivism. The department shall establish rules 7 governing the application of this subsection. 8 (7) Any person who knowingly and with intent violates the provisions of 9 this section is guilty of a misdemeanor. 10 (8) Any city or county is entitled to injunctive relief against any per- 11 son or entity operating a residence house within its jurisdiction in violation 12 of this section. 13 SECTION 2. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Wills Seconded by Luker IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 417 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 35, following "residential." 3 insert: "For the purposes of this section a state or federally licensed health 4 care or convalescent facility is not a residential dwelling unit.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 417, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ADULT CRIMINAL SEX OFFENDERS; AMENDING CHAPTER 83, TITLE 18, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 18-8331, IDAHO CODE, TO RESTRICT 4 PERSONS CURRENTLY REGISTERED OR REQUIRED TO REGISTER UNDER THE IDAHO SEX 5 OFFENDER REGISTRATION ACT FROM LIVING TOGETHER IN GROUPS EXCEEDING TWO 6 REGISTERED OFFENDERS, TO PROVIDE DEFINITIONS, TO PROVIDE FOR EXCEPTIONS, 7 TO PROVIDE FOR STANDARDS RELATING TO RESIDENTIAL HOUSES FOR REGISTERED SEX 8 OFFENDERS, TO PROVIDE FOR NOTICE TO THE DEPARTMENT OF CORRECTION, TO PRO- 9 HIBIT VIOLATIONS OF THIS SECTION AND TO PROVIDE FOR INJUNCTIVE RELIEF FOR 10 CITIES AND COUNTIES; AND DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 83, Title 18, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 18-8331, Idaho Code, and to read as follows: 15 18-8331. ADULT CRIMINAL SEX OFFENDERS -- PROHIBITED GROUP DWELLING -- 16 EXCEPTIONS. (1) Except as otherwise provided in this section, when a person is 17 required to register pursuant to this chapter, that person may not reside in 18 any residential dwelling unit with more than one (1) other person who is also 19 required to register pursuant to this chapter. If, on the effective date of 20 this section, any person required to register pursuant to this chapter, is 21 legally residing in a residential dwelling unit with more than one (1) other 22 person required to so register, the person may continue to reside in that res- 23 idential dwelling unit without violating the provisions of this section, pro- 24 vided that no additional persons so required to register shall move into that 25 residential dwelling unit if the person moving in would be in violation of 26 this section. 27 (2) For purposes of this section: 28 (a) "Reside" and "residing" mean occupying the residential dwelling unit 29 as a fixed place of abode or habitation for any period and to which place 30 the person has the intention of returning after a departure or absence 31 therefrom regardless of the duration of absence. 32 (b) "Residential dwelling unit" includes, but is not limited to, single 33 family dwellings and units in multifamily dwellings including units in 34 duplexes, apartment dwellings, mobile homes, condominiums and townhouses 35 in areas zoned as residential. For the purposes of this section a state or 36 federally licensed health care or convalescent facility is not a residen- 37 tial dwelling unit. 38 (3) (a) A judge of the district court may, upon petition and after an 39 appropriate hearing, authorize a person required to register pursuant to 40 this chapter, to reside in a residential dwelling unit with more than one 41 (1) other person who is also required to register pursuant to this chap- 42 ter, if the judge determines that: 43 (i) Upon clear and convincing evidence that not doing so would 2 1 deprive the petitioner of a constitutionally guaranteed right; and 2 (ii) That such right is more compelling under the facts of the case 3 than is the interest of the state and local government in protecting 4 neighboring citizens, including minors, from risk of physical or psy- 5 chological harm. Such risk of harm shall be presumed absent clear and 6 convincing evidence to the contrary given the applicant's status as a 7 person required to register pursuant to this chapter; 8 (b) Any exception allowed under this section shall be limited to allevi- 9 ate only a deprivation of constitutional right which is more compelling 10 than the interest of the state and local government in minimizing the risk 11 of harm to the neighboring citizens; 12 (c) Any order of exception under this section shall be made a part of the 13 registry maintained pursuant to this chapter. 14 (4) Any city or county may establish standards for the establishment and 15 operation of residential houses for registered sex offenders which exceed the 16 number of registered sex offenders allowed to reside in a residential dwelling 17 unit under subsection (1) of this section. Applicable standards shall include 18 establishing procedures to allow comment of neighboring residents within a 19 specified distance, and may include, but are not limited to: 20 (a) Designating permissible zones in which such houses may be located; 21 (b) Designating permissible distances between such houses; 22 (c) Designating the maximum number of registered sex offenders allowed to 23 reside in such houses; 24 (d) Designating qualifications and standards for supervision and care of 25 such houses and the residents; 26 (e) Designating requirements and procedures to qualify as the operator of 27 such houses, including any requirement that the residents be engaged in 28 treatment or support programs for sex offenders and related addiction 29 treatment or support programs; and 30 (f) Designating any health and safety requirements which are different 31 than those applicable to other residential dwelling units in the zone. 32 (5) No person or entity shall operate a residence house for registered 33 sex offenders in violation of the limitations of subsection (1) of this sec- 34 tion except as otherwise provided under subsection (4) of this section. If, on 35 the effective date of this section, any individual or entity is operating an 36 existing residence house for persons required to register pursuant to this 37 chapter, and when such individual or entity also requires such persons to be 38 participants in a sex offender treatment or support program such individual or 39 entity shall not be precluded from continuing to operate such residence house, 40 provided that: 41 (a) The residence house shall not operate at a capacity exceeding eight 42 (8) residents in the dwelling unit and two (2) residents per bedroom, or 43 the existing number of residents, whichever is less; 44 (b) Once the governing city or county enacts an ordinance pursuant to 45 subsection (4) of this section establishing standards for the operation of 46 a residence house for sex offenders, the operator of the residence house 47 shall, no later than one (1) year after enactment of the ordinance, comply 48 with all standards of the ordinance, except any requirement that is less 49 than the maximum capacity provided for under subsection (5)(a) of this 50 section or which requires a relocation of the residence; 51 (c) The burden of proving that an existing residence house qualifies for 52 continuing operation under this subsection shall be upon the operator of 53 the residence house; 54 (d) Any change in the use of an existing residence house shall void the 55 exception for the continuing operation of the house under the provisions 3 1 of this section. 2 (6) If any person required to register pursuant to this chapter, is on 3 parole or probation under the supervision of the Idaho department of correc- 4 tion, the department shall be notified by the person or the person's agent of 5 any intent to reside with another person required to register under this chap- 6 ter. The department must approve the living arrangement in advance as consis- 7 tent with the terms of the parole or probation, and consistent with the objec- 8 tive of reducing the risk of recidivism. The department shall establish rules 9 governing the application of this subsection. 10 (7) Any person who knowingly and with intent violates the provisions of 11 this section is guilty of a misdemeanor. 12 (8) Any city or county is entitled to injunctive relief against any per- 13 son or entity operating a residence house within its jurisdiction in violation 14 of this section. 15 SECTION 2. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval.
STATEMENT OF PURPOSE
RS 17626C1
The purpose of this bill is to balance the need for registered adult
sex offenders to have housing available to them with concerns of
citizens over sex offender group homes being established in
residential neighborhoods. Currently sex offender and other types of
transition group homes are being established in residential areas. The
difficulty encountered by cities and counties lies in interpretation
of the federal Fair Housing Act (FHA) by the United States Supreme
Court in City of Edmonds v. Oxford House, Inc., 514 U.S. 725 (1995),
and other related decisions. Under the FHA persons suffering from
alcohol and drug addiction are treated as disabled persons entitled to
protection under the Act. City of Edmonds held that a numerical limit
on the number of unrelated adults in a single family dwelling was a
violation of the Fair Housing Act as it relates to disabled
individuals.
Group homes have been established in family neighborhoods by using the
condition of drug and alcohol addiction to qualify the resident and
then setting a secondary purpose such as housing for sex offenders or
other felons who may or may not be under the supervision of the
Department of Correction. According to the United States Department
of Justice, Civil Rights Division "persons convicted for illegal
manufacture or distribution of a controlled substance, sex offenders,
and juvenile offenders are not considered disabled under the Fair
Housing Act, by virtue of that status."
The present bill addresses only the issue of registered adult sex
offenders. This legislation: Sets a limit of two registered adult sex
offenders in a residential dwelling unit; provides for a judicial
bypass in limited circumstances to exceed that limit; gives cities and
counties authority to exceed the limit by ordinance to allow and
regulate group residence homes for sex offenders; provides a
misdemeanor penalty for violation, consistent with other statutes
restricting sex offenders; requires Department of Correction approval
for group home residence still supervising the offender; grandfathers
current residence situations, while requiring compliance with
ordinances of cities and counties when established.
FISCAL NOTE
None.
Contact:
Name: Rep. Lynn Luker Rep. Darrell Bolz Senator John Andreason
Phone: (208) 332-1039 Rep. Brent Crane Senator Patti Anne Lodge
Rep. Mike Moyle Rep. Steve Kren Senator Curt McKenzie
Rep. Max Black Rep. Curtis Bowers
STATEMENT OF PURPOSE/FISCAL NOTE H 417