18-8328 — ACTION FOR RELIEF BY OFFENDER OR JUVENILE OFFENDER
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TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 83
SEXUAL OFFENDER REGISTRATION NOTIFICATION AND
COMMUNITY RIGHT-TO-KNOW ACT
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.