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.

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
ACT
1
RELATING
TO
SEXUAL
OFFENDER
REGISTRATION;
AMENDING
SECTION
18
-
8316,
IDAHO
2
CODE,
TO
REVISE
A
PROVISION
REGARDING
A
PSYCHOSEXUAL
EVALUATION
AND
TO
3
PROVIDE
THAT
FAILURE
TO
PROVIDE
AN
EVALUATION
MAY
BE
AN
AGGRAVATING
CIR
-
4
CUMSTANCE;
AMENDING
SECTION
18
-
8318,
IDAHO
CODE,
TO
REVISE
A
PROVISION
5
REGARDING
PAYMENT
FOR
A
PSYCHOSEXUAL
EVALUATION
BY
A
DEFENDANT
AND
TO
6
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
hereby
10
amended
to
read
as
follows:
1
1
18
-
8316.
REQUIREMENT
FOR
PSYCHOSEXUAL
EVALUATIONS
UPON
CONVIC
-
12
TION.
If
ordered
by
the
court,
an
offender
convicted
of
any
offense
Any
13
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
and
15
submitted
to
the
court
in
the
form
of
a
written
report
shall
undergo,
at
the
16
person's
own
expense,
a
psychosexual
evaluation
from
a
certified
evaluator
17
as
defined
in
section
18
-
8303,
Idaho
Code,
for
the
court's
consideration
18
prior
to
sentencing
and
incarceration
or
release
on
probation.
The
court
19
shall
select
the
certified
evaluator
from
a
central
roster
of
evaluators
20
compiled
by
the
sexual
offender
management
board.
A
certified
evaluator
21
performing
such
an
evaluation
shall
be
disqualified
from
providing
any
22
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
accordance
24
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
the
26
completed
copy
of
the
evaluation
to
the
court,
the
court
may
consider
the
27
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
hereby
30
amended
to
read
as
follows:
31
18
-
8318.
OFFENDER
REQUIRED
TO
PAY
FOR
PSYCHOSEXUAL
EVALUATION.
The
32
offender
shall
be
required
to
pay
for
the
cost
of
the
psychosexual
eval
-
33
uations
performed
under
this
chapter
,
unless
the
offender
demonstrates
34
indigency.
In
such
case,
the
psychosexual
evaluation
performed
pursuant
to
35
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
cost
37
of
evaluation
performed
pursuant
to
section
18
-
8316,
Idaho
Code,
shall
be
38
required
to
repay
the
county
for
the
cost
.
Nothing
in
this
section
shall
39
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,
as
1
provided
by
law.
In
the
event
that
funding
is
provided
for
or
on
behalf
of
the
2
defendant
by
a
governmental
entity,
the
defendant
shall
be
ordered
to
make
3
restitution
to
such
governmental
entity
in
accordance
with
the
restitution
4
procedure
for
crime
victims,
as
provided
in
chapter
53,
title
19,
Idaho
Code.
5
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
6
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
7
July
1,
2026.
8