ID- Investigating Idaho's Top Secret Predator Panel

11-21-2008 Idaho:

This is a story about protecting your children, about your right to know who are the truly dangerous sex offenders who live in your neighborhood. But some say the system for identifying them is broken, giving you a false sense of security and leaving your family at risk. There are 46 Idahoans classified as so dangerous, at such high risk to strike again, they're given a special label, violent sexual predator or VSP.

A four person board called the Sexual Offender Classification Board appointed by the governor has the final say in who is or is not a VSP. Kathy Baird who is the SOCB Management Assistant says "they're given a packet of info such as criminal history information, behavioral information and other risk assessments. It's quite a comprehensive packet they review." But what exactly this group studies and how they do it, no one knows. Because it's all done in secret. Even the sex offender or their attorney are never allowed to speak to the board.

And that's all perfectly legal. It was set up by the legislature ten years ago. Since its inception the board has reviewed 91 Idaho sex offenders for VSP status. The only chance for appeal is through the legal system. One sex offender, Jason C. Smith, who is classified as a violent sexual predator, has appealed the board's decision all the way to Idaho's Supreme Court. At the age of 22, Smith had consensual sex with a 15 year old girl. He pleaded guilty to rape and spent seven years in prison. When he was about to be released, Smith was reviewed by the Sexual Offender Classification Board. According to court records, the board got an envelope on Smith about an inch and half thick. Part of the packet included a psychosexual evaluation done on all possible VSP's.

But Smith was never allowed to see the findings or challenge them. In June, his attorney went before the Idaho Supreme Court to make the case. His attorney argues the "secret one sided determination" by the board of Smith's VSP status is unconstitutional. The court is set to issue an opinion on the case any day now. ..Source.. by KIVI-TV Today's 6: Idaho's News