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IDAHO LAW REQUIRING
SEX OFFENDER REGISTRATION
CRIMES AND PUNISHMENTS
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."
18-4116 (indecent exposure, but excluding a
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) "Board" means the sexual offender
classification board described in section 18-8312, Idaho Code.
(2) "Central registry" means the registry of convicted sexual offenders maintained by the Idaho department of law enforcement
pursuant to this chapter.
(3) "Department" means the Idaho department of law enforcement.
(4) "Employed" means full 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.
(5) "Incarceration" means
committed to the custody of the Idaho department of correction, but excluding cases where the court has retained jurisdiction.
(6) "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.
(7) "Offense" means a sexual offense listed in section 18-8304, Idaho Code.
(8) "Predatory" means actions directed at an individual who was selected by the offender for the primary purpose of engaging in illegal sexual behavior.
"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.
(10) "Residence" means the offender's present place of abode.
(11) "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.
(12) "Violent sexual predator" means a person who has been convicted of
an offense listed in section 18-8312, Idaho Code, and who has been determined to pose a 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), 18-4003(d) (murder committed in
perpetration of rape or in perpetration of lewd conduct with a child less
than twelve years of age),
, 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), 18-6108 (male rape), 18-6602 (incest), 18-6605
(crime against nature), or 18-6608, Idaho Code, (forcible sexual
penetration by use of a foreign object);
(b) Enters the state on or after July 1, 1993, and who 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
(c) 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.
(d) 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
(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.
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,
(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
(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 department of transportation 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 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. LOCAL AND ANNUAL REGISTRATION.
(1) (a) Within ten (10) days of coming into any county to establish
residence or temporary domicile, an offender shall register with the
sheriff of the county. Individuals registered under the prior sex offender
registration act, including those who registered within twelve (12) months
of the effective date of this act, shall register with the sheriff of the
county of residence within ten (10) days of the effective date of this
act. The offender thereafter shall update the registration annually. 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) Nonresidents required to register pursuant to subsection (1)(d) of
section 18-8304, Idaho Code, shall register with the sheriff of the county
where employed or enrolled as a student within ten (10) 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
(2) Annual registration shall be conducted as follows
(a) On or about the first day of the month containing the anniversary
date of the initial registration, the department shall mail a
non-forwardable notice of annual registration to the offender's last
(b) Within ten (10) 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;
(c) 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.
(3) Registration, whether initial or annual, 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
(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
(e) School or college enrollment; and
(f) Address or physical description of current residence and place of
(4) 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. An offender
shall pay a fee of ten dollars ($10.00) to the sheriff at the time of each
registration. The sheriff may waive the registration fee if the offender
demonstrates indigency. The fees collected under this section shall be used by
the sheriff to defray the costs of sexual offender registration.
(5) The sheriff shall forward the completed and signed form, photograph
and fingerprints to the department within three (3) working days of the
(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.
(6) The sheriff, or appointed deputies, may visit the residence of a
registered sexual offender within the county at any reasonable time to verify
the address provided at the time of registration.
18-8308. VERIFICATION OF ADDRESS OF VIOLENT SEXUAL PREDATOR. (1) The
address or physical residence of an offender designated as a violent sexual
predator shall be verified by the department every ninety (90) days between
(2) The procedure for verification shall be as follows
(a) The department shall mail a nonforwardable notice of address
verification quarterly, between annual registrations, to each offender
designated as a violent sexual predator.
(b) Each offender designated as a violent sexual predator shall complete,
sign and return the notice of address verification form to the department
within ten (10) days of the mailing date of the notice.
(c) If the notice of address verification is returned to the department
as not delivered, the department shall notify the sheriff with whom the
offender designated as a violent sexual predator last registered.
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 five (5) 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 five (5) working days of the order, event or
18-8310. RELEASE FROM REGISTRATION REQUIREMENTS -- EXPUNGEMENT. (1) Any
person, other than one 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
(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 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 five (5) 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
(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 five (5) 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 sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108,
18-6602, 18-6605 and 18-6608, Idaho Code, and who is scheduled to be released
from incarceration, 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
(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
(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
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. DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD. (1) The
board shall evaluate offenders scheduled for release from incarceration, who
were sentenced and convicted for one (1) or more of the crimes set forth in
sections 18-1506, 18-1506A, 18-1508, 18-4003(d), 18-4502, 18-6101, 18-6108,
18-6602, 18-6605 and 18-6608, Idaho Code, for the purpose of determining
whether the offender should be designated as a violent sexual predator
presenting a high risk of reoffense.
(2) The board shall establish standards for psychosexual evaluations and
the qualifications for approved evaluators performing evaluations pursuant to
sections 18-8316 and 18-8317, Idaho Code.
(3) The board shall establish guidelines to determine whether an offender
scheduled for release 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
(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
(4) 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.
(5) 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
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 9-340, 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 sexual offender registry
maintained by the department of law enforcement.
(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
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 board-certified
psychiatrist or by a licensed master's or doctoral level mental health
professional for the court's consideration prior to sentencing and
incarceration or release on probation. The court shall select the psychiatrist
or a licensed master's or doctoral level mental health professional to perform
the evaluation from a list of approved evaluators compiled by the district
court. A psychiatrist or licensed master's or doctoral level mental health
professional 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 convicted and incarcerated for any offense listed in section 18-8314,
Idaho Code, and either referred to the board for psychosexual evaluation by
the department of correction or whose evaluation under section 18-8316, Idaho
Code, states that the offender is a probable violent sexual predator, shall
submit to a psychosexual evaluation. The evaluation is to be performed prior
to release from incarceration for the purpose of assessing risk of reoffense
and to determine whether the offender should be designated as a violent sexual
predator. These evaluations shall be performed either by a board-certified
psychiatrist or a licensed master's or doctoral level mental health
professional licensed by this state pursuant to chapter 18, title 54, Idaho
Code, and chapter 23, title 54, Idaho Code, respectively, who has, by
education, experience and training, expertise in the assessment and treatment
of sexual offenders. The psychiatrist or licensed master's or doctoral level
mental health professional 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 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
(2) The board shall serve a copy of its written findings to the offender
at the same time the board serves the copy to the sheriff.
(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 court of the county in which
the offender resides or intends to reside on or before the date set forth
in the notice, which shall be no less 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) 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
(d) How such application should be made if counsel is not retained. If
counsel is not retained, a simple letter delivered to the courthouse in
the county of the offender's residence, which encloses a copy of the
board's written findings and indicates the offender's objection or
disagreement with it, shall suffice.
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
(3) Upon notification of a date for a summary hearing, the prosecutor
shall forthwith turn over all papers, documents and other relevant material to
(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
(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
(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
(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 by written request only. 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.
(2) The department and sheriff will respond to requests for sexual
offender registry information within ten (10) working days of receipt of the
(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
(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 inquiry response.
(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
(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
(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
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 telecommunications 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
(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
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.