H06042026 Regular Session

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.

SEXUAL OFFENDER REGISTRATION -- 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.

SEXUAL OFFENDER REGISTRATION

IntroducedIn CommitteeFloor VoteEnacted

Via committee: Judiciary, Rules and Administration

STATEMENT OF PURPOSE

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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.

FISCAL NOTE

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This legislation is intended to align the funding of psychosexual evaluations for indigent defendants with established resources for court-ordered counseling and treatment. While this may shift the primary source of initial funding, any impact on state or local funds is expected to be mitigated by the bill’s requirement for mandatory restitution to the funding governmental entity.

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 604 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO SEXUAL OFFENDER REGISTRATION; AMENDING SECTION 18-8316, IDAHO2 CODE, TO REVISE A PROVISION REGARDING A PSYCHOSEXUAL EVALUATION AND TO3 PROVIDE THAT FAILURE TO PROVIDE AN EVALUATION MAY BE AN AGGRAVATING CIR-4 CUMSTANCE; AMENDING SECTION 18-8318, IDAHO CODE, TO REVISE A PROVISION5 REGARDING PAYMENT FOR A PSYCHOSEXUAL EVALUATION BY A DEFENDANT AND TO6 ESTABLISH PROVISIONS REGARDING USE OF CERTAIN FUNDING AND RESTITUTION;7 AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 18-8316, Idaho Code, be, and the same is hereby10 amended to read as follows:11 18-8316. REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON CONVIC-12 TION. If ordered by the court, an offender convicted of any offense Any13 person who pleads guilty to or is found guilty of a violation listed in sec-14 tion 18-8304, Idaho Code, may submit to an evaluation to be completed and15 submitted to the court in the form of a written report shall undergo, at the16 person's own expense, a psychosexual evaluation from a certified evaluator17 as defined in section 18-8303, Idaho Code, for the court's consideration18 prior to sentencing and incarceration or release on probation. The court19 shall select the certified evaluator from a central roster of evaluators20 compiled by the sexual offender management board. A certified evaluator21 performing such an evaluation shall be disqualified from providing any22 treatment ordered as a condition of any sentence, unless waived by the court.23 An evaluation conducted pursuant to this section shall be done in accordance24 with the standards established by the board pursuant to section 18-8314,25 Idaho Code. If the defendant has not made a good faith effort to provide the26 completed copy of the evaluation to the court, the court may consider the27 failure of the defendant to provide the evaluation as an aggravating circum-28 stance in determining an appropriate sentence.29

SECTION 2. That Section 18-8318, Idaho Code, be, and the same is hereby30 amended to read as follows:31 18-8318. OFFENDER REQUIRED TO PAY FOR PSYCHOSEXUAL EVALUATION. The32 offender shall be required to pay for the cost of the psychosexual eval-33 uations performed under this chapter, unless the offender demonstrates34 indigency. In such case, the psychosexual evaluation performed pursuant to35 section 18-8316, Idaho Code, shall be paid for by the county. As a condi-36 tion of sentence, indigent offenders for whom the county has paid the cost37 of evaluation performed pursuant to section 18-8316, Idaho Code, shall be38 required to repay the county for the cost. Nothing in this section shall39 preclude the use of funds authorized for court-ordered counseling or treat-40

2 ment pursuant to the provisions of this section for indigent defendants, as1 provided by law. In the event that funding is provided for or on behalf of the2 defendant by a governmental entity, the defendant shall be ordered to make3 restitution to such governmental entity in accordance with the restitution4 procedure for crime victims, as provided in chapter 53, title 19, Idaho Code.5

SECTION 3. An emergency existing therefor, which emergency is hereby6 declared to exist, this act shall be in full force and effect on and after7 July 1, 2026.8