Amends existing law to revise a provision regarding a psychosexual evaluation, to provide that failure to provide an evaluation may be an aggravating circumstance, to revise a provision regarding payment for a psychosexual evaluation by a defendant, and to establish provisions regarding use of certain funding and restitution.

This legislation amends Sections 18-8316 and 18-8318, Idaho Code, to refine the procedures and funding structures for psychosexual evaluations for sexual offenders. The bill provides that any individual who pleads guilty to or is found guilty of a sexual offense listed in Section 18-8304, Idaho Code, shall undergo a psychosexual evaluation at their own expense prior to sentencing. The bill establishes that a defendant’s failure to make a good faith effort to provide a completed evaluation may be considered an aggravating circumstance by the court during the sentencing phase. Regarding indigent defendants, the legislation clarifies the utilization of authorized funds for court-ordered counseling or treatment to cover evaluation costs. By aligning these evaluations with broader treatment resources, the bill streamlines the administrative process and ensures that funding provided by any governmental entity is subject to mandatory restitution from the defendant in accordance with standard crime victim restitution procedures.