18-8323 — PUBLIC ACCESS TO SEXUAL OFFENDER REGISTRY INFORMATION


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