US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 83
                SEXUAL OFFENDER REGISTRATION NOTIFICATION AND
                         COMMUNITY RIGHT-TO-KNOW ACT
    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.