TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 83

SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT

18-8305.  Central registry — Notice to agencies. (1) The department shall establish and maintain a central sexual offender registry separate from other records maintained by the department. The information contained in the registry shall be in digital form or include links or identification numbers that provide access to the information in other databases in which it is included in digital form. The registry shall include, but is not limited to, the following information:

(a)  Name and all aliases that the offender has used or under which the offender has been known including the offender’s primary or given name, nicknames and pseudonyms generally, regardless of the context in which they are used, any designations or monikers used for self-identification in internet communications or postings and traditional names given by family or clan pursuant to ethnic or tribal tradition;

(b)  A complete physical description of the person including any identifying marks, such as scars or tattoos, the offender’s date of birth including any date the offender uses as his or her purported date of birth and the offender’s social security number including any number the offender uses as his or her purported social security number;

(c)  The criminal history of the offender including the jurisdiction of all arrests and convictions, the name under which the offender was convicted of each offense, the status of parole, probation or supervised release; registration status; and the existence of any outstanding arrest warrants for the offender;

(d)  The text of the provision of law defining the criminal offense for which the sexual offender is registered as formulated at the time the offender was convicted;

(e)  The name and location of each hospital, jail or penal institution to which the offender was committed for each offense covered under this chapter;

(f)  The address or physical description of each residence at which the offender resides;

(g)  The name and address of any place where the offender is a student or will be a student unless the offender is only participating in courses remotely through the mail or the internet;

(h)  The license plate number and a description of any vehicle owned or regularly operated by the sexual offender including any vehicle the offender drives, either for personal use or in the course of employment, regardless of to whom the vehicle is registered. The term "vehicle" includes watercraft and aircraft. To the extent the vehicle does not have a license plate, a registration number or other identifying information shall be provided;

(i)  Any e-mail or instant messaging address used by the offender;

(j)  The offender’s telephone numbers including, but not limited to, fixed location telephone numbers, voice over internet protocol numbers and cell phone numbers;

(k)  The name and address of any place where the offender is employed or will be employed and the name and address of any place where the offender works as a volunteer or otherwise works without remuneration or if the offender does not have a fixed place of employment, a description of normal travel routes or the general areas in which the offender works;

(l)  Information regarding any professional license maintained by the offender that authorizes the offender to engage in an occupation or carry out a trade or business;

(m)  Information about the offender’s passport, if any, and if the offender is an alien, information about documents establishing the offender’s immigration status including document type and number information for such documents and a digitized copy of the documents;

(n)  A set of fingerprints and palm prints of the offender;

(o)  A current photograph of the offender; and

(p)  A photocopy of a valid driver’s license or identification card issued to the offender, if any.

(2)   The department shall adopt rules relating to providing notice of address changes to law enforcement agencies, developing forms, operating the central registry, reviewing and correcting records, and expunging records of persons who are deceased, whose convictions have been reversed or who have been pardoned, and those for whom an order of expungement or relief from registration has been entered pursuant to section 18-8310, Idaho Code.

(3)  The department shall develop and distribute to appropriate agencies the standardized forms necessary for the administration of the registry and shall provide appropriate agencies with instructions for completing and submitting the forms. The attorney general shall approve the forms and instructions prior to distribution.

(4)  The department shall notify the attorney general of the United States and appropriate law enforcement agencies of any failure by an offender to comply with the requirements of this chapter and shall revise the registry to reflect the nature of that failure.

History:

[18-8305, added 1998, ch. 411, sec. 2, p. 1278; am. 2011, ch. 311, sec. 4, p. 885.]