Idaho State Statutes - Idaho Attorney Directory

(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, 18-1508, 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 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, 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.

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