‘Violent sexual predator’ label could stay in sex offender reforms

3-17-2011 Idaho:

After concerns from some lawmakers, an overhaul of Idaho’s sex offender system could include retaining the special violent sexual predator (VSP) designation that’s placed on people considered likely to commit another sex crime. An Idaho Senate panel Wednesday agreed to move forward with the overhaul plan and make amendments on the Senate floor.

The reform package would also expand Idaho’s Sex Offender Classification board from four to nine members while increasing its duty to manage offenders and add tighter reporting requirements for registered sex offenders. The changes are backed by the Idaho Criminal Justice Council, formed by Gov. Butch Otter.

The plan originally eliminated the VSP designation, because an Idaho Supreme Court case ruled that the state violated offenders’ due process rights in assigning the tag. The amended legislation would keep the tag on the 53 men already labeled VSPs, though there’s hasn’t been a way to add new VSPs in more than two years.

VSPs have to respond to mailing from state police once a month and register in-person every three months. Both those requirements are more stringent than for regular sex offenders. VSPs also can never have their name taken off the sex offender registry, while others can petition for removal after being released from prison for 10 yeas.

Steve Bywater, who serves on the ICJC and works in the attorney general’s office, said there were legitimate concerns about the proposed reforms, which led him to create the changes. “This was an appropriate way to handle it,” he said.

The sex offender board will be retitled the Sex Offender Management Board and have broader oversight in managing offenders, including assessing psychosexual tests of offenders. Under the original legislation, there would be eight members of the board, but another member, to be a someone from the general public, has been added. There had been concerns because the position of the victims’ advocate would be eliminated from the board.

The reshaped board would add an annual cost of $74,000 to the Idaho Department of Correction (IDOC) budget. Sen. Shirley McKague, R-Meridian, questioned the added expense during tight budget times. IDOC Director Brent Reinke pledged to lawmakers that he could find that money in his budget for the next year without asking lawmakers to pay for it.

Reinke said requesting more money for the prisons budget, which is already going up, would be a mistake. “We don’t dare, not in this environment,” Reinke told IdahoReporter.com.

The fixes to the reform plan would also ditch an effort to add the misdemeanor crime of disseminating material harmful to minors to the offenses that trigger a requirement to register as a sex offender. Bywater said that effort was spurred by a federal requirement, but said lawmakers could look at changing that crime in the future. ..Source..