Constitution of the United States of America, Freedom Documents

I D A H O S T A T E L E G I S L A T U R E

TITLE 18 CRIMES AND PUNISHMENTS

CHAPTER 83 - SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT

18-8301.Short title. This chapter shall be known and may be cited as the "Sexual Offender Registration Notification and Community Right-to-Know Act."

18-8302.Findings. The legislature finds that sexual offenders present a significant risk of reoffense and that efforts of law enforcement agencies to protect their communities, conduct investigations and quickly apprehend offenders who commit sexual offenses are impaired by the lack of current information available about individuals who have been convicted of sexual offenses who live within their jurisdiction. The legislature further finds that providing public access to certain information about convicted sexual offenders assists parents in the protection of their children. Such access further provides a means for organizations that work with youth or other vulnerable populations to prevent sexual offenders from threatening those served by the organizations. Finally, public access assists the community in being observant of convicted sexual offenders in order to prevent them from recommitting sexual crimes. Therefore, this state’s policy is to assist efforts of local law enforcement agencies to protect communities by requiring sexual offenders to register with local law enforcement agencies and to make certain information about sexual offenders available to the public as provided in this chapter.

18-8303.Definitions. As used in this chapter: (1) "Aggravated offense" means any of the following crimes as set forth in section 18-8304, Idaho Code: 18-1508 (lewd conduct, when the victim is less than twelve (12) years of age); 18-4003(d) (murder committed in the perpetration of rape); 18-6101 (rape, but excluding section 18-6101(1) where the victim is at least twelve (12) years of age or the defendant is eighteen (18) years of age or younger); 18-6108 (male rape); and 18-6608 (forcible sexual penetration by use of a foreign object). (2) "Board" means the sexual offender classification board described in section 18-8312, Idaho Code. (3) "Central registry" means the registry of convicted sexual offenders maintained by the Idaho state police pursuant to this chapter. (4) "Certified evaluator" means either a psychiatrist licensed by this state pursuant to chapter 18, title 54, Idaho Code, or a master’s or doctoral level mental health professional licensed by this state pursuant to chapter 23, chapter 32, or chapter 34, title 54, Idaho Code. Such person shall have by education, experience and training, expertise in the assessment and treatment of sexual offenders, and such person shall meet the qualifications and shall be approved by the board to perform psychosexual evaluations in this state, as described in section 18-8314, Idaho Code. (5) "Department" means the Idaho state police. (6) "Employed" means full-time or part-time employment exceeding ten (10) consecutive working days or for an aggregate period exceeding thirty (30) days in any calendar year, or any employment which involves counseling, coaching, teaching, supervising or working with minors in any way regardless of the period of employment, whether such employment is financially compensated, volunteered or performed for the purpose of any government or education benefit. (7) "Incarceration" means committed to the custody of the Idaho department of correction, but excluding cases where the court has retained jurisdiction. (8) "Offender" means an individual convicted of an offense listed and described in section 18-8304, Idaho Code, or a substantially similar offense under the laws of another state or in a federal, tribal or military court or the court of another country. (9) "Offense" means a sexual offense listed in section 18-8304, Idaho Code. (10) "Predatory" means actions directed at an individual who was selected by the offender for the primary purpose of engaging in illegal sexual behavior. (11) "Psychosexual evaluation" means an evaluation which specifically addresses sexual development, sexual deviancy, sexual history and risk of reoffense as part of a comprehensive evaluation of an offender. (12) "Recidivist" means an individual convicted two (2) or more times of any offense requiring registration under this chapter. (13) "Residence" means the offender’s present place of abode. (14) "Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education. (15) "Violent sexual predator" means a person who has been convicted of an offense listed in section 18-8314, Idaho Code, and who has been determined to pose a high risk of committing an offense or engaging in predatory sexual conduct.

18-8304.Application of chapter. (1) The provisions of this chapter shall apply to any person who: (a) On or after July 1, 1993, is convicted of the crime, or an attempt, a solicitation, or a conspiracy to commit a crime provided for in section 18-909 (assault with attempt to commit rape, infamous crime against nature, or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-911 (battery with attempt to commit rape, infamous crime against nature, or lewd and lascivious conduct with a minor, but excluding mayhem, murder or robbery), 18-1506 (sexual abuse of a child under sixteen years of age), 18-1506A (ritualized abuse of a child), 18-1507 (sexual exploitation of a child), 18-1507A (possession of sexually exploitative material for other than a commercial purpose), 18-1508 (lewd conduct with a minor child), 18-1508A (sexual battery of a minor child sixteen or seventeen years of age), 18-1509A (enticing a child over the internet), 18-4003(d) (murder committed in perpetration of rape), 18-4116 (indecent exposure, but excluding a misdemeanor conviction), 18-4502 (first degree kidnapping committed for the purpose of rape, committing the infamous crime against nature or for committing any lewd and lascivious act upon any child under the age of sixteen, or for purposes of sexual gratification or arousal), 18-4503 (second degree kidnapping where the victim is an unrelated minor child), 18-6101 (rape, but excluding 18-6101 1. where the defendant is eighteen years of age or younger or where the defendant is exempted under subsection (4) of this section), 18-6108 (male rape), 18-6110 (sexual contact with a prisoner), 18-6602 (incest), 18-6605 (crime against nature), 18-6608 (forcible sexual penetration by use of a foreign object), or upon a second or subsequent conviction under 18-6609, Idaho Code (video voyeurism). (b) On or after July 1, 1993, has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another state, territory, commonwealth, or other jurisdiction of the United States, including tribal courts and military courts, that is substantially equivalent to the offenses listed in subsection (1)(a) of this section and enters the state to establish permanent or temporary residence. (c) Has been convicted of any crime, an attempt, a solicitation or a conspiracy to commit a crime in another state, territory, commonwealth, or other jurisdiction of the United States, including tribal courts and military courts, that is substantially equivalent to the offenses listed in subsection (1)(a) of this section and was required to register as a sex offender in any other state or jurisdiction when he established permanent or temporary residency in Idaho. (d) Pleads guilty to or has been found guilty of a crime covered in this chapter prior to July 1, 1993, and the person, as a result of the offense, is incarcerated in a county jail facility or a penal facility or is under probation or parole supervision, on or after July 1, 1993. (e) Is a nonresident regularly employed or working in Idaho or is a student in the state of Idaho and was convicted, found guilty or pleaded guilty to a crime covered by this chapter and, as a result of such conviction, finding or plea, is required to register in his state of residence. (2) The provisions of this chapter shall not apply to any such person while the person is incarcerated in a correctional institution of the department of correction, a county jail facility or committed to a mental health institution of the department of health and welfare. (3) A conviction for purposes of this chapter means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment. (4) When a defendant is convicted of rape under section 18-6101 1., Idaho Code, and at the time of the offense the defendant is nineteen (19) or twenty (20) years of age and not more than three (3) years older than the victim of the rape, the court may order that the defendant is exempt from the requirements of this chapter upon a finding by the court that: (a) All parties have stipulated to the exemption; or (b) The defendant has demonstrated by clear and convincing evidence that he is not a risk to commit another crime identified in subsection (1) of this section and in the case there were no allegations by the victim of any violation of section 18-6101 2. through 7., Idaho Code.

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 registry shall include, but is not limited to, fingerprints, photographs, and other information collected from submitted forms and other communications relating to notice of duty to register, sexual offender registration and notice of address change. (2) Upon receipt of information pursuant to section 18-8307, Idaho Code, the department shall notify the law enforcement agencies having jurisdiction where the offender resides or will reside, enter information in the central registry, and transmit the appropriate information as required by the federal bureau of investigation for inclusion in the national sexual offender registry. Upon receipt of a notice of an offender changing residence to another state, the department shall notify the central registry of the state to which the offender is moving. 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.

18-8306.Notice of duty to register and initial registration. (1) When a person is sentenced for an offense identified in section 18-8304, Idaho Code, the prosecuting attorney shall seek and the court shall order a designated law enforcement agency to immediately fingerprint that person unless the person has been fingerprinted and photographed previously for the same offense. Fingerprints and photographs may be taken at the jail or correctional facility to which the person is remanded or sentenced. The fingerprints and photographs taken pursuant to this subsection shall be submitted to the department as provided in section 67-3005, Idaho Code. (2) A person convicted of an offense identified in section 18-8304, Idaho Code, and released on probation without a sentence of incarceration in a county jail or correctional facility, including release pursuant to a withheld judgment or release from any mental institution, shall be notified by the sentencing court of the duty to register pursuant to the provisions of this chapter. The written notification shall be a form provided by the department and approved by the attorney general and shall be signed by the defendant. The court shall retain one (1) copy, provide one (1) copy to the offender, and submit one (1) copy to the central registry within three (3) working days of release. (3) With respect to an offender convicted of a sexual offense identified in section 18-8304, Idaho Code, and sentenced to a period of incarceration in a jail or correctional facility and subsequently released, placed on probation, or paroled, the department of correction or jail shall provide, prior to release from confinement, written notification of the duty to register. The written notification shall be a form provided by the department and approved by the attorney general and shall be signed by the offender. The department of correction or jail shall retain one (1) copy, provide one (1) copy to the offender, and submit one (1) copy to the central registry within three (3) working days of release. (4) The sheriff of each county shall provide written notification, on a form provided by the Idaho transportation department and approved by the attorney general, of the registration requirements of this chapter to any person who enters this state from another jurisdiction and makes an application for an identification card or a license to operate a motor vehicle in this state. The written notice shall be signed by the person and one (1) copy shall be retained by the sheriff’s office and one (1) copy shall be provided to the person. (5) Notification of the duty to register as set forth in subsections (2) and (3) of this section shall constitute an initial registration for the purpose of establishing a record in the central registry. (6) The notification form provided by the department and approved by the attorney general shall: (a) Explain the duty to register, the procedure for registration and penalty for failure to comply with registration requirements; (b) Inform the offender of the requirement to provide notice of any change of address within Idaho or to another state within five (5) working days of such change; (c) Inform the offender of the requirement to register in a new state within ten (10) days of changing residence to that state; and (d) Obtain from the offender and agency or court, information required for initial registration in the central registry, as prescribed by rules promulgated by the department. (7) The official conducting the notice and initial registration shall ensure that the notification form is complete, that the offender has read and signed the form, and that a copy is forwarded to the central repository within the required time period. (8) Information required for initial registration in the central registry shall include, but is not limited to: name and aliases of the offender; social security number; physical descriptors; current address or physical description of current residence; offense for which convicted, sentence and conditions of release; treatment or counseling received; and risk assessment or special category of offender. (9) No person subject to registration shall willfully furnish false or misleading information when complying with registration and notification requirements of this chapter.

18-8307.Registration. (1) Registration shall consist of a form provided by the department and approved by the attorney general, which shall be signed by the offender and shall require the following information about the offender: (a) Name and all aliases which the person has used or under which the person has been known; (b) A complete description of the person including the date of birth and social security number; (c) Name of each offense enumerated in section 18-8304, Idaho Code, of which the person was convicted, where each offense was committed, where the person was convicted of each offense, and the name under which the person was convicted of each offense; (d) The name and location of each hospital, jail or penal institution to which the person was committed for each offense covered under this chapter; (e) School or college enrollment; and (f) Address or physical description of current residence and place of employment. (2) At the time of registration, the sheriff shall obtain a photograph and fingerprints, in a manner approved by the department, and may require the offender to provide full palm print impressions of each hand. A violent sexual predator shall pay a fee of ten dollars ($10.00) to the sheriff per registration. All other offenders shall pay an annual fee of forty dollars ($40.00) to the sheriff for registration. The sheriff may waive the registration fee if the violent sexual predator or other offender demonstrates indigency. The fees collected under this section shall be used by the sheriff to defray the costs of violent sexual predator and other sexual offender registration and verification under section 18-8308, Idaho Code. (3) The sheriff shall forward the completed and signed form, photograph and fingerprints to the department within three (3) working days of the registration. (a) The official conducting the initial registration shall ensure that the notification form is complete and that the offender has read and signed the form. (b) No person subject to registration shall furnish false or misleading information when complying with registration and notification requirements of this chapter. (4) (a) Within two (2) working days of coming into any county to establish permanent or temporary residence, an offender shall register with the sheriff of the county. The offender thereafter shall register annually, unless the offender is designated as a violent sexual predator, in which case the offender shall register with the sheriff every three (3) months as provided in this section. If the offender intends to reside in another state, the offender shall register in the other state within ten (10) days of moving to that state. (b) A nonresident required to register pursuant to section 18-8304(1)(e), Idaho Code, shall register with the sheriff of the county where employed or enrolled as a student within two (2) working days of the commencement of employment or enrollment as a student in an educational institution, provided that nonresidents employed in counseling, coaching, teaching, supervising or working with minors in any way, regardless of the period of employment, must register prior to the commencement of such employment. (5) Registration shall be conducted as follows: (a) For violent sexual predators the department shall mail a nonforwardable notice of annual registration to the offender’s last reported address within three (3) months following the last registration; (b) For all other sex offenders the department shall mail an annual, nonforwardable notice of registration to the offender’s last reported address; (c) Within five (5) days of the mailing date of the notice, the offender shall appear in person at the office of the sheriff with jurisdiction for the purpose of completing the registration process; (d) If the notice is returned to the department as not delivered, the department shall inform the sheriff with whom the offender last registered of the returned notice. (6) All written notifications of duty to register as provided herein shall include a warning that it is a felony as provided in section 18-8327, Idaho Code, for an offender to accept employment in any day care center, group day care facility or family day care home, as those terms are defined in chapter 11, title 39, Idaho Code, or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the offender’s child or children.

18-8308.Verification of address. (1) Violent sexual predators. The address or physical residence of an offender designated as a violent sexual predator shall be verified by the department between registrations. (a) The procedure for verification shall be as follows: (i) The department shall mail a nonforwardable notice of address verification every thirty (30) days between registrations, to each offender designated as a violent sexual predator. (ii) Each offender designated as a violent sexual predator shall complete, sign and return the notice of address verification form to the department within seven (7) days of the mailing date of the notice. If the notice of address verification is returned to the department as not delivered, the department shall, within five (5) days, notify the sheriff with whom the offender designated as a violent sexual predator last registered. (iii) The sheriff shall verify the address of the offender by visiting the offender’s residence once every six (6) months or, if the offender fails to comply with the provisions of paragraph (a)(ii) of this subsection, at any reasonable time to verify the address provided at registration. (2) All other sexual offenders. The address or physical residence of any sex offender not designated as a violent sexual predator shall be verified by the department between registrations. (a) The procedure for verification shall be as follows: (i) The department shall mail a nonforwardable notice of address verification every four (4) months between annual registrations. (ii) Each offender shall complete, sign and return the notice of address verification form to the department within seven (7) days of the mailing date of the notice. If the notice of address verification is returned as not delivered, the department shall notify the sheriff within five (5) days and the sheriff shall visit the residence of the registered offender at any reasonable time to verify the address provided at registration.

18-8309.Change of address or name. (1) If an offender changes address or actual residence, the offender shall provide written notice of the new address within two (2) working days after the change to the sheriff of the county where the offender is required to register. The notice shall be on a form provided by the department. Within three (3) working days after receipt of the notice, the sheriff shall forward a copy of the notice to the department. (2) If an offender changes address to another state, the offender shall provide written notice of the new address within five (5) working days after the change to the department. (3) An offender whose legal name is changed by marriage, judicial order or any other means shall provide written notice of the name change to the sheriff and the department within two (2) working days of the order, event or other occurrence.

18-8310.Release from registration requirements -- Expungement. (1) Any person, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. In the petition the petitioner shall: (a) Provide clear and convincing evidence that the petitioner is not a risk to commit a new violation for any violent crime or crime identified in section 18-8304, Idaho Code; (b) Provide an affidavit indicating that the petitioner does not have a criminal charge pending nor is the petitioner knowingly under criminal investigation for any violent crime or crime identified in section 18-8304, Idaho Code; (c) Provide proof of service of such petition upon the county prosecuting attorney for the county in which the application is made; and (d) Provide a certified copy of the judgment of conviction which caused the petitioner to report as a sexual offender. The district court may grant a hearing if it finds that the petition is sufficient. The court shall provide at least sixty (60) days’ prior notice of the hearing to the petitioner and the county prosecuting attorney. The court may exempt the petitioner from the reporting requirement only after a hearing on the petition in open court and only upon proof by clear and convincing evidence that the petitioner is not a risk to commit a new violation for any violent crime or crime identified in section 18-8304, Idaho Code. (2) Concurrent with the entry of any order exempting the petitioner from the reporting requirement, the court may further order that any information regarding the petitioner be expunged from the central registry.

18-8311.Penalties. (1) An offender subject to registration who fails to register, verify his address, or provide any notice as required by this chapter shall be guilty of a felony and shall be punished by imprisonment in the state prison system for a period not to exceed ten (10) years and by a fine not to exceed five thousand dollars ($5,000). If the offender is on probation or other supervised release or suspension from incarceration at the time of the violation, the probation or supervised release or suspension shall be revoked and the penalty for violating this chapter shall be served consecutively to the offender’s original sentence. (2) An offender subject to registration under this chapter, who willfully provides false or misleading information in the registration required, shall be guilty of a felony and shall be punished by imprisonment in a state prison for a period not to exceed ten (10) years and a fine not to exceed five thousand dollars ($5,000). (3) An offender subject to registration under this chapter, who willfully evades service of the board’s notice pursuant to section 18-8319, Idaho Code, shall be guilty of a felony and shall be punished by imprisonment in a state prison for a period not to exceed ten (10) years and a fine not to exceed five thousand dollars ($5,000).

18-8312.Sexual offender classification board -- Appointment -- Terms -- Vacancies -- Chairman -- Quorum -- Qualifications of members -- Compensation of members. (1) A sexual offender classification board is hereby created within the Idaho department of correction. The board shall consist of four (4) members appointed by the governor by and with the advice and consent of the senate. The purpose of the board shall be to assess the risk of reoffense of any offender convicted and incarcerated for commission of a crime as set forth in section 18-8314, Idaho Code, to determine whether the offender should be designated a violent sexual predator. To the extent practicable, the board’s determination shall be made prior to the offender’s release from incarceration. (2) The terms of the members shall expire as follows: one (1) member on January 1, 2001; one (1) member on January 1, 2002; one (1) member on January 1, 2003; and one (1) member on January 1, 2004. Thereafter, any person appointed a member of the board shall hold office for six (6) years. (3) Vacancies in the membership of the board shall be filled in the same manner in which the original appointments are made. Members appointed to a vacant position shall serve the remainder of the unexpired term. (4) Qualifications of members. (a) At least one (1) member of the board shall have, by education, experience and training, expertise in the assessment and treatment of sexual offenders. (b) At least one (1) member of the board shall be employed in the field of law enforcement and have training in the field of the behavior and treatment of sexual offenders. (c) At least one (1) member of the board shall be an advocate for victims of offenders. (5) The board shall elect a chairman from its members. (6) A quorum shall exist when at least three (3) members of the board are present, provided that one (1) member present has, by education, experience and training, expertise in the assessment and treatment of sexual offenders. (7) Members shall be compensated as provided by section 59-509(o), Idaho Code.

18-8313.Removal of board members. The governor may remove members of the board for reasons of inefficiency, neglect of duty, malfeasance in office, commission of a felony or inability to perform the duties of office.

18-8314.Powers and duties of the sexual offender classification board. (1) The board shall consider for review offenders scheduled for release from incarceration who are referred by the department of correction or parole commission to determine whether the offender should be designated as a violent sexual predator presenting a high risk of reoffense. Only offenders who were sentenced and convicted for one (1) or more of the crimes set forth in sections 18-1506, 18-1506A, 18-1507, 18-1508, 18-4003(d), 18-4502, 18-6101 (but excluding subsection 1. of such section when the offender is eighteen (18) years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code, or any violation of the duty to register as provided in this chapter, or are recidivists as defined in this chapter, are eligible for review by the board. (2) The board shall consider for review offenders who were sentenced and convicted for one (1) or more crimes enumerated in subsection (1) of this section, or any violation of the duty to register as provided in this chapter, or offenders who are recidivists as defined in this chapter, who have been released under supervision, for the purpose of determining whether the offender should be designated as a violent sexual predator presenting a high risk of reoffense. Such review shall be undertaken upon request of the district court having jurisdiction over the offender on probation or of the parole commission if the offender has been released on parole regardless of whether the offender has been reviewed by the board prior to release from incarceration. For purposes of seeking a board review pursuant to this subsection, the court or parole commission may consider all relevant evidence including, but not limited to, the probation or parole official’s observations and opinions of these offenders while under supervision, in light of the circumstances of the underlying offense. (3) The board shall consider for review offenders living in Idaho who were sentenced and convicted for one (1) or more crimes enumerated in subsection (1) of this section, or substantially equivalent to those enumerated in subsection (1) of this section and committed in another state, territory, commonwealth or other jurisdiction of the United States, including tribal courts and military courts, and who have been released under federal or tribal court supervision. Such review shall be for the purpose of determining whether the offender should be designated as a violent sexual predator presenting a high risk of reoffense, and shall be undertaken upon request of the federal or tribal court having jurisdiction over the offender. For purposes of seeking a board review pursuant to this subsection, the federal or tribal court may consider all relevant evidence including, but not limited to, the probation official’s observations and opinions of these offenders while under supervision, in light of the circumstances of the underlying offense. (4) The board shall by rule: (a) Establish standards for psychosexual evaluations and the qualifications for certified evaluators performing evaluations pursuant to sections 18-8316 and 18-8317, Idaho Code. (b) Set forth procedures for the approval, certification and quality assurance of evaluators pursuant to this section. (c) Establish a nonrefundable initial certification processing fee not to exceed one hundred fifty dollars ($150) and a nonrefundable annual recertification processing fee not to exceed one hundred fifty dollars ($150). (5) The board shall establish guidelines to determine whether an offender who meets the criteria of this section is a violent sexual predator presenting a high risk of reoffense. The guidelines shall be established with the assistance of sexual offender treatment and law enforcement professionals who have, by education, experience or training, expertise in the assessment and treatment of sexual offenders. (a) Factors to be used in establishment of the guidelines must be supported in the sexual offender assessment field as criteria reasonably related to the risk of reoffense and be objective criteria that can be gathered in a consistent and reliable manner. (b) The guidelines shall include, but are not limited to, the following general categories for risk assessment: seriousness of the offense, offense history, whether the offense was predatory, characteristics of the offender, characteristics of the victim, the relationship of the offender to the victim, the number of victims and the number of violations of each victim. (6) If the offender has indicated an intention to reoffend if released into the community and the available record reveals credible evidence to support this finding, then the offender shall be deemed a violent sexual predator regardless of application of the guidelines. (7) Once the board has made its determination, it shall set forth written findings which shall include: (a) The board’s risk assessment and the reasons upon which the risk assessment was based; and (b) The board’s determination whether the offender should be designated as a violent sexual predator and the reasons upon which the determination was based. (8) The board shall have authority to promulgate rules to carry out the provisions of this chapter.

18-8315.Compliance with open meeting law -- Executive sessions authorized -- Report required. (1) All meetings of the board shall be held in accordance with the open meeting law as provided in chapter 23, title 67, Idaho Code, except: (a) Consideration of and discussions pertaining to documents not subject to public disclosure, such as the presentence investigation report, certain medical or psychological reports and any reports, orders or other documents sealed by court order; (b) Deliberations and decisions concerning the classification of violent sexual predators; and (c) Votes of individual members in arriving at the classification decisions shall not be made public, provided that the board shall maintain a record of the votes of the individual members as required in subsection (2) of this section. (2) A written record of the vote to classify an offender as a violent sexual predator by each board member in each case reviewed by that member shall be produced by the board. In accordance with section 9-340B, Idaho Code, the record produced by the board pursuant to this section shall be kept confidential and privileged from disclosure, provided the record shall be made available, upon request, to the governor and the chairman of the senate judiciary and rules committee and the chairman of the house of representatives judiciary, rules and administration committee, for all lawful purposes. Distribution of the report by a board member or an employee of the board to any person not specifically listed in this section shall be a misdemeanor. (3) Nothing contained in this section shall prevent any person from obtaining the results of any classification action by the board without reference to the manner in which any member voted. This information can be obtained through a public records request made to the board. (4) Nothing contained herein shall prevent the governor and chairman of the senate judiciary and rules committee and the chairman of the house of representatives judiciary, rules and administration committee from attending any meeting including an executive session of the sexual offender classification board.

18-8316.Requirement for psychosexual evaluations upon conviction. If ordered by the court, an offender convicted of any offense listed in section 18-8304, Idaho Code, shall submit to an evaluation to be completed and submitted to the court in the form of a written report from a certified evaluator as defined in section 18-8303, Idaho Code, for the court’s consideration prior to sentencing and incarceration or release on probation. The court shall select the certified evaluator from a central roster of evaluators compiled by the sexual offender classification board. A certified evaluator performing such an evaluation shall be disqualified from providing any treatment ordered as a condition of any sentence, unless waived by the court. For offenders convicted of an offense listed in section 18-8314, Idaho Code, the evaluation shall state whether it is probable that the offender is a violent sexual predator. An evaluation conducted pursuant to this section shall be done in accordance with the standards established by the board pursuant to section 18-8314, Idaho Code.

18-8317.Requirement for psychosexual evaluations upon release. Every offender who meets the criteria set forth in section 18-8314, Idaho Code, and has been considered by the board and deemed appropriate for review for violent sexual predator designation, shall submit to psychosexual evaluation. Every incarcerated offender whose evaluation under section 18-8316, Idaho Code, states that the offender is a probable violent sexual predator, shall submit to a psychosexual evaluation and shall be reviewed by the board. The purpose of the evaluation is for assessing risk of reoffense and to determine whether the offender should be designated as a violent sexual predator. If the offender is incarcerated, the evaluation is to be performed prior to release from incarceration. These evaluations shall be performed either by a certified evaluator as defined in section 18-8303, Idaho Code, or a mental health professional employed by the department of correction. The individual performing an evaluation under this section shall not be a member of the sexual offender classification board at the time the evaluation is performed. The individual performing the evaluation shall be disqualified from providing any treatment ordered or attached as a condition of parole, unless waived by the department of correction. An evaluation conducted pursuant to this section shall be done in accordance with the standards established by rule of the board pursuant to section 18-8314, Idaho Code.

18-8318.Offender required to pay for psychosexual evaluation. The offender shall be required to pay for the cost of the psychosexual evaluations performed under this chapter, unless the offender demonstrates indigency. In such case, the psychosexual evaluation performed pursuant to section 18-8316, Idaho Code, shall be paid for by the county, and the evaluation performed pursuant to section 18-8317, Idaho Code, shall be paid for by the department of correction. As a condition of sentence, indigent offenders for whom the county has paid the cost of evaluation performed pursuant to section 18-8316, Idaho Code, shall be required to repay the county for the cost.

18-8319.Notice of the board’s determination. (1) Subject to the exception identified in section 18-8320, Idaho Code, the offender and the sheriff of the county in which the offender resides or intends to reside upon release shall be notified by the board that an offender has been designated as a violent sexual predator. This notice shall be in the form of the board’s written findings. (2) The board shall serve a copy of its written findings to the offender within ten (10) working days of the date that designation has been made. Service of the written findings will be made upon the sheriff in accordance with the offender’s status. (a) Notice shall be served upon the sheriff of the county in which the offender resides within ten (10) working days of the date that designation has been made, if the offender is not incarcerated. (b) If the offender is awaiting release from incarceration, notice shall be made upon the sheriff of the county in which the offender intends to reside no less than seven (7) days prior to the offender’s release. (c) In the event the offender has not specified a residence plan prior to his release, notice shall be made upon the sheriff of the county in which the offender is released from incarceration, and upon the sheriff of the county in which the offender initially resides and registers after release. (3) The board’s notice to the offender shall also inform the offender: (a) That the offender may challenge the designation as a violent sexual predator by judicial review; (b) That unless application is made to the applicable district court on or before the date set forth in the notice, which shall be no more than fourteen (14) calendar days after the notice is given, the offender shall be deemed to have waived the right to challenge the designation; (c) The applicable district court shall be determined as: (i) The county in which the offender resides if the offender has been released from incarceration; or (ii) The county in which the offender intends to reside if the offender has not been released from incarceration; or (iii) If the offender intends to reside in another state, territory, commonwealth or other jurisdiction of the United States immediately upon release from incarceration, the county in which the offender was most recently convicted of an offense as listed in section 18-8314, Idaho Code; (d) That the offender has the right to retain counsel and that counsel will be provided by the court if the offender cannot afford counsel; and (e) How such application should be made if counsel is not retained. If counsel is not retained, notice filed with the district court in the applicable county, which encloses a copy of the board’s written findings and indicates the offender’s objection or disagreement with it, shall suffice. (4) Upon determining that the offender has not received the board’s notice pursuant to this section, the board shall notify the sheriff of the county in which the offender resides. This notice shall be in writing and shall be delivered in a manner which will ensure receipt by the sheriff. Upon request of the board, the sheriff may personally serve the offender with the board’s notice, or the sheriff may verify the offender’s address and advise the board in order that notice may once again be served. If, after the second attempt to serve the offender, the board or sheriff determines that the offender has evaded service or attempted to evade service, the matter shall be referred for prosecution pursuant to section 18-8311(3), Idaho Code.

18-8320.Exception to notice of board’s classification determination to offender. Beginning with the effective date of this chapter, if an offender avoids service of the notice of the board’s designation of the offender as a violent sexual predator, or if after a good faith effort to serve the offender, service has not been completed within ten (10) working days of the date that designation has been made, notice to the offender may be dispensed with and the offender shall be deemed to have waived the right to judicial review as otherwise provided in this chapter.

18-8321.Judicial review. (1) Judicial review of an offender’s challenge to the designation as a violent sexual predator is civil, not criminal, and remedial, not adversarial. (2) Immediately upon receipt of an offender’s objection or challenge to the designation as a violent sexual predator, the court shall set a date for a summary hearing. (3) Upon notification of a date for a summary hearing, the prosecutor shall forthwith turn over all papers, documents and other relevant material to the court. A written summarization of information relied upon by the sexual offender classification board may be made available to the offender. However the following documents produced by the sexual offender classification board shall be withheld from disclosure and available only for in camera review by the court: (a) Records that contain names and addresses, identifying information or any information that would lead to the identification of any victims or witnesses; (b) Written statements or testimony of victims, witnesses, guardians or persons representing victims or witnesses; (c) Reports prepared specifically for use by the commission for pardons and parole in making parole determinations pursuant to section 20-223, Idaho Code; and (d) Other records to remain confidential consistent with rules of criminal or civil procedure. (4) Judicial review under this chapter shall be conducted as a summary, in camera review proceeding, in which the court decides only whether to affirm or reverse the board’s designation of the offender as a violent sexual predator. (5) The court shall have broad discretion over whether and to what extent witnesses and cross-examination will be allowed. (6) The rules of evidence do not apply. (7) The court may rely on documentary evidence, such as expert opinions, for all issues. (8) Nonconviction offense, i.e., criminal activity that has not been the subject of a conviction, shall be considered in review of the board’s designation, provided that there is sufficient evidence that the nonconviction offense occurred. (9) Where the proof, whether in the form of reliable hearsay, affidavits, or offers of live testimony, creates a genuine issue of material fact as to whether the offender is a violent sexual predator, the court should convene a fact-finding hearing and permit live testimony. (10) The state bears the burden of presenting a prima facie case that justifies the designation as a violent sexual predator. (11) The court shall affirm the board’s determination unless persuaded by a preponderance of the evidence that it does not conform to the law or the guidelines. (12) The offender is entitled to challenge the designation as a violent sexual predator based upon two (2) grounds: (a) The offender may introduce evidence that the calculation that led to the designation as a violent sexual predator was incorrectly performed either because of a factual error, because the offender disputes a prior offense, because the variable factors were improperly determined, or for similar reasons; and (b) The offender may introduce evidence at the hearing that the designation as a violent sexual predator does not properly encapsulate the specific case, i.e., the offender may maintain that the case falls outside the typical case of this kind and, therefore, that the offender should not be designated as a violent sexual predator. (13) Either party may appeal the decision of the court. (14) Offenders who are not designated as violent sexual predators are not entitled to judicial review under this section.

18-8322.Violent sexual predators moving from other states. Offenders moving to Idaho from other states who have been classified as violent sexual offenders or given a substantially similar classification shall be classified violent sexual offenders under this chapter. Any offender who is so classified shall have the right to judicial review of the classification, but the burden of proof in such proceedings shall be upon the offender.

18-8323.Public access to sexual offender registry information. Information within the sexual offender registry collected pursuant to this chapter is subject to release only as provided by this section. (1) The department or sheriff shall provide public access to information contained in the central sexual offender registry. The department shall promulgate rules defining the processes for providing information to the public and the requirements for retention of inquiry records by the department and sheriff. The department may provide public access to the sex offender registry by means of the internet. (2) The department and sheriff will respond to requests for sexual offender registry information within ten (10) working days of receipt of the written request. (a) Any person may inquire about a named individual by submitting an information request form obtained from the department or sheriff. The department shall promulgate rules outlining the methods and means of submitting requests. Information required for inquiry shall include the individual’s full name and address, or full name and date of birth. The requester shall provide his full name, street address and driver’s license or social security number. (b) Any person may request a list of registered sexual offenders by geographic area, such as by county or by zip code area, as determined by rule, by submitting an information request form obtained from the department or sheriff. The requester shall provide his full name, street address and driver’s license, social security number, or state identification number. (c) Schools, organizations working with youth, women or other vulnerable populations may request a statewide list or lists by geographic area within the state. (d) The department and sheriff may collect a fee of five dollars ($5.00) for each response to a written request. (e) Information to be provided includes the offender’s name, address, any aliases or prior names, date of birth, the crime of conviction, and the place of conviction. The information provided shall also state whether the offender is a violent sexual predator. (f) Identity of the offender’s employer or educational institution currently attended will not be provided for any registered sexual offender. (g) Where a crime category such as "incest" may serve to identify a victim, that crime will be reported as section 18-1506, Idaho Code. (h) Any information identifying any person related to, living with, working for, employing or otherwise associated with a registered sexual offender shall be excluded from release. (3) The department shall provide to any person, upon written request and at a reasonable cost, determined by the department, a photograph of any registered sexual offender which the department maintains in its central sexual offender registry. The department shall respond to requests for photographs within ten (10) working days of receipt. (4) Fees received by the department pursuant to this section shall be deposited in the department’s miscellaneous revenue fund and used to support the operation of the central registry. Fees received by the sheriff pursuant to this section shall be used to defray the cost of sexual offender registration. (5) The department shall include a cautionary statement relating to completeness, accuracy and use of registry information when releasing information to the public or noncriminal justice agencies as well as a statement concerning the penalties provided in section 18-8326, Idaho Code, for misuse of registry information. (6) Information released pursuant to this section may be used only for the protection of the public. (7) Further dissemination of registry information by any person or entity shall include the cautionary statements required in subsection (5) of this section.

18-8324.Dissemination of registry information. (1) The department shall disseminate any registration information collected under this chapter, including change of address notification, to criminal justice agencies through the public safety and security information system established in section 19-5202, Idaho Code. Registry information provided under this section shall be used only for the administration of criminal justice or for the protection of the public as permitted by this chapter. (2) The department shall provide quarterly to the superintendent of public instruction and to the director of the department of health and welfare a list of all sexual offenders required to register with the central registry together with the address, date of birth and crime of conviction for each offender listed. The superintendent may further distribute the list or portions thereof to school districts or to schools. (3) The department shall release quarterly to the public a list of offenders thirty (30) days or more delinquent in maintaining registration or address verification. Offenders subject to being listed include those who have failed: (a) To register with a sheriff after initial registration under section 18-8307, Idaho Code; (b) To register annually as required in section 18-8307, Idaho Code; and (c) To respond to an address verification notice as required in section 18-8308, Idaho Code. (4) The department shall include a cautionary statement relating to completeness, accuracy and use of registry information when releasing information to the public or noncriminal justice agencies as well as a statement concerning the penalties provided in section 18-8326, Idaho Code, for misuse of registry information. (5) Information released pursuant to this section may be used only for the protection of the public. (6) Further dissemination of registry information by any person or entity shall include the cautionary statements required in subsection (4) of this section. (7) Upon registration in a county of a person classified as a violent sexual predator presenting a high risk of reoffense by the Idaho sex offender classification board, or an equivalent classification in another state, the sheriff shall publish in a newspaper in general circulation within the county once a week for three (3) consecutive weeks, the name, address, photograph of said person and offense the offender has committed within thirty (30) days of registration and within this time period shall also disseminate the name, address, photograph of said person and offense the offender has committed to all major local radio and television media. The sheriff shall charge a fee of fifty dollars ($50.00) in addition to any other fees authorized by this chapter to be paid by the sex offender. Fees shall be deposited in a violent sexual predator account maintained by the sheriff to be used for the purpose of public education relating to violent sexual predators and to offset the cost of newspaper publication.

18-8325.Exemption from civil liability. (1) No person or governmental entity, other than those specifically charged in this chapter with a duty to collect information under this chapter regarding registered sexual offenders, has a duty to inquire, investigate or disclose any information regarding registered sexual offenders. (2) No person or governmental entity, other than those specifically charged in this chapter with an affirmative duty to provide public access to information regarding registered sexual offenders, shall be held liable for any failure to disclose any information regarding registered sexual offenders to any other person or entity. (3) Every person or governmental entity who, acting without malice or criminal intent, obtains or disseminates information under this chapter shall be immune from civil liability for any damages claimed as a result of such disclosures made or received.

18-8326.Penalties for vigilantism or other misuse of information obtained under this chapter. Any person who uses information obtained pursuant to this chapter to commit a crime or to cause physical harm to any person or damage to property shall be guilty of a misdemeanor and, in addition to any other punishment, be subject to imprisonment in the county jail for a period not to exceed one (1) year, or by a fine not to exceed one thousand dollars ($1,000) or both.

18-8327.Adult criminal sex offender -- Prohibited employment. (1) Except as provided in section 18-8328, Idaho Code, it is a felony for any person to: apply for or to accept employment at a day care center, group day care facility or family day care home; or to be upon or to remain on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the person’s child or children if the person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code. (2) The owner or operator of any day care center, group day care facility or family day care home who knowingly employs a person or who knowingly accepts volunteer services from a person, which person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code, to work in the day care center, group day care facility or family day care home is guilty of a misdemeanor unless judicial relief has been granted pursuant to section 18-8328, Idaho Code.

18-8328.Action for relief by offender or juvenile offender. Any person who is required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, may file a petition in a district court in the judicial district where the person resides, to have relief from the provisions of section 18-8327 or 18-8414, Idaho Code, pertaining to employment in or being upon or remaining on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the sex offender’s or juvenile sex offender’s child or children. To be granted relief pursuant to this section, the person shall show by clear and convincing evidence that the person required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, does not pose a threat to children in a day care center, group day care facility or family day care home, it has been at least ten (10) years since the person’s last conviction, finding of guilt or adjudication that required the person to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, and the petitioner presents testimony from a licensed physician or psychologist about the petitioner’s chance of success of not committing an act against children.

18-8329.Adult criminal sex offenders -- Prohibited access to school children -- Exceptions. (1) If a person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code, it is a misdemeanor for such person to: (a) Be upon or to remain on the premises of any school building or school grounds in this state, or upon other properties posted with a notice that they are used by a school, when the person has reason to believe children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within thirty (30) minutes before or after a scheduled school activity. (b) Knowingly loiter on a public way within five hundred (500) feet from the property line of school grounds in this state, including properties posted with a notice that they are used by a school, when children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within thirty (30) minutes before or after a scheduled school activity. (c) Be in any conveyance owned or leased by a school to transport students to or from school or a school-related activity when children under the age of eighteen (18) years are present in the conveyance. (d) Reside within five hundred (500) feet of the property on which a school is located, measured from the nearest point of the exterior wall of the offender’s dwelling unit to the school’s property line, provided however, that this paragraph (d) shall not apply if such person’s residence was established prior to July 1, 2006. (e) The posted notices required in this subsection (1) shall be at least one hundred (100) square inches, shall make reference to section 18-8329, Idaho Code, shall include the term "registered sex offender" and shall be placed at commonly used entrances to the property. In addition, there shall be at least one (1) notice posted every six hundred sixty (660) feet along the property line. (2) The provisions of subsections (1)(a) and (1)(b) of this section shall not apply when the person: (a) Is a student in attendance at the school; or (b) Is attending an academic conference or other scheduled extracurricular school event with school officials present when the offender is a parent or legal guardian of a child who is participating in the conference or extracurricular event. "Extracurricular" means any school-sponsored activity that is outside the regular curriculum, occurring during or outside regular school hours including, but not limited to, academic, artistic, athletic or recreational activities; or (c) Resides at a state licensed or certified facility for incarceration, health or convalescent care; or (d) Is dropping off or picking up a child or children and the person is the child or children’s parent or legal guardian; or (e) Is temporarily on school grounds, during school hours, for the purpose of making a mail, food or other delivery; or (f) Is exercising his right to vote in public elections; or (g) Is taking delivery of his mail through an official post office located on school grounds; or (h) Has written permission from a school principal, vice-principal, or the equivalent, to be on the school grounds or upon other property posted with a notice that the property is used by a school; or (i) Stays at a homeless shelter or resides at a recovery facility if such shelter or facility has been approved for sex offenders by the county sheriff or municipal police chief. (3) Nothing in this section shall prevent a school district from adopting more stringent safety and security requirements for employees and nonemployees while they are in district facilities and/or on district properties.

18-8331.Adult criminal sex offenders -- Prohibited group dwelling -- Exceptions. (1) Except as otherwise provided in this section, when a person is required to register pursuant to this chapter, that person may not reside in any residential dwelling unit with more than one (1) other person who is also required to register pursuant to this chapter. If, on the effective date of this section, any person required to register pursuant to this chapter, is legally residing in a residential dwelling unit with more than one (1) other person required to so register, the person may continue to reside in that residential dwelling unit without violating the provisions of this section, provided that no additional persons so required to register shall move into that residential dwelling unit if the person moving in would be in violation of this section. (2) For purposes of this section: (a) "Reside" and "residing" mean occupying the residential dwelling unit as a fixed place of abode or habitation for any period and to which place the person has the intention of returning after a departure or absence therefrom regardless of the duration of absence. (b) "Residential dwelling unit" includes, but is not limited to, single family dwellings and units in multifamily dwellings including units in duplexes, apartment dwellings, mobile homes, condominiums and townhouses in areas zoned as residential. For the purposes of this section a state or federally licensed health care or convalescent facility is not a residential dwelling unit. (3) (a) A judge of the district court may, upon petition and after an appropriate hearing, authorize a person required to register pursuant to this chapter, to reside in a residential dwelling unit with more than one (1) other person who is also required to register pursuant to this chapter, if the judge determines that: (i) Upon clear and convincing evidence that not doing so would deprive the petitioner of a constitutionally guaranteed right; and (ii) That such right is more compelling under the facts of the case than is the interest of the state and local government in protecting neighboring citizens, including minors, from risk of physical or psychological harm. Such risk of harm shall be presumed absent clear and convincing evidence to the contrary given the applicant’s status as a person required to register pursuant to this chapter; (b) Any exception allowed under this section shall be limited to alleviate only a deprivation of constitutional right which is more compelling than the interest of the state and local government in minimizing the risk of harm to the neighboring citizens; (c) Any order of exception under this section shall be made a part of the registry maintained pursuant to this chapter. (4) Any city or county may establish standards for the establishment and operation of residential houses for registered sex offenders which exceed the number of registered sex offenders allowed to reside in a residential dwelling unit under subsection (1) of this section. Applicable standards shall include establishing procedures to allow comment of neighboring residents within a specified distance, and may include, but are not limited to: (a) Designating permissible zones in which such houses may be located; (b) Designating permissible distances between such houses; (c) Designating the maximum number of registered sex offenders allowed to reside in such houses; (d) Designating qualifications and standards for supervision and care of such houses and the residents; (e) Designating requirements and procedures to qualify as the operator of such houses, including any requirement that the residents be engaged in treatment or support programs for sex offenders and related addiction treatment or support programs; and (f) Designating any health and safety requirements which are different than those applicable to other residential dwelling units in the zone. (5) No person or entity shall operate a residence house for registered sex offenders in violation of the limitations of subsection (1) of this section except as otherwise provided under subsection (4) of this section. If, on the effective date of this section, any individual or entity is operating an existing residence house for persons required to register pursuant to this chapter, and when such individual or entity also requires such persons to be participants in a sex offender treatment or support program such individual or entity shall not be precluded from continuing to operate such residence house, provided that: (a) The residence house shall not operate at a capacity exceeding eight (8) residents in the dwelling unit and two (2) residents per bedroom, or the existing number of residents, whichever is less; (b) Once the governing city or county enacts an ordinance pursuant to subsection (4) of this section establishing standards for the operation of a residence house for sex offenders, the operator of the residence house shall, no later than one (1) year after enactment of the ordinance, comply with all standards of the ordinance, except any requirement that is less than the maximum capacity provided for under subsection (5)(a) of this section or which requires a relocation of the residence; (c) The burden of proving that an existing residence house qualifies for continuing operation under this subsection shall be upon the operator of the residence house; (d) Any change in the use of an existing residence house shall void the exception for the continuing operation of the house under the provisions of this section. (6) If any person required to register pursuant to this chapter, is on parole or probation under the supervision of the Idaho department of correction, the department shall be notified by the person or the person’s agent of any intent to reside with another person required to register under this chapter. The department must approve the living arrangement in advance as consistent with the terms of the parole or probation, and consistent with the objective of reducing the risk of recidivism. The department shall establish rules governing the application of this subsection. (7) Any person who knowingly and with intent violates the provisions of this section is guilty of a misdemeanor. (8) Any city or county is entitled to injunctive relief against any person or entity operating a residence house within its jurisdiction in violation of this section.

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