id-11-1003-2501: Rules Governing the Sex Offender Registry (ZBR Chapter Rewrite)
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Dear Senators LAKEY, Shippy, Wintrow, and Representatives SKAUG, Alfieri, Gannon: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Idaho State Police: IDAPA 11.10.03 - Rules Governing the Sex Offender Registry (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 11-1003-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 08/28/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 09/25/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Judiciary & Rules Committee and the House Judiciary, Rules & Administration Committee FROM: Principal Legislative Drafting Attorney - Ryan Bush DATE: August 11, 2025 SUBJECT: Idaho State Police IDAPA 11.10.03 - Rules Governing the Sex Offender Registry (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 11-1003-2501) Summary and Stated Reasons for the Rule The Idaho State Police (ISP) submits notice of proposed rulemaking at IDAPA 11.10.03 - Rules Gov- erning the Sex Offender Registry (ZBR Chapter Rewrite). ISP states that they performed a comprehensive review of the chapter in order to reduce the regulatory burden and increase clarity. Specifically, the proposed rule would revise a provision regarding the forwarding of a copy of an offender's photograph by a sheriff to the Bureau of Criminal Identification. Negotiated Rulemaking / Fiscal Impact Negotiated rulemaking was conducted, and notice was filed in the June edition of the Idaho Administra- tive Bulletin. There is no anticipated fiscal impact associated with this rulemaking. Statutory Authority The proposed rulemaking appears to be within the statutory authority granted to ISP in Section 18-8304, Idaho Code. cc: Idaho State Police Tecia Ferguson *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, Manager April Renfro, Manager Norma Clark, Manager Legislative Services OffiResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 11 – IDAHO STATE POLICE 11.10.03 – RULES GOVERNING THE SEX OFFENDER REGISTRY DOCKET NO. 11-1003-2501 (ZBR CHAPTER REWRITE) NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Sections 18-8301 through18-8331, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later thanAugust 20, 2025. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: ISP initiated this rulemaking in support of Executive Order No 2020-01 Zero-Based Regulation issued by Governor Little. Pursuant to the order, ISP performed a comprehensive review of the chapter to reduce the regulatory burden and increase clarity. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: There are no fees associated with this rulemaking. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: There is no fiscal impact associated with this rulemaking. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the June 4, 2025, IdahoAdministrative Bulletin, Volume 25-6, pages 28-29. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: None. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Bureau Chief, Leila McNeill, (208) 884-7136 email- Leila.mcneill@isp.idaho.gov. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or beforeAugust 27, 2025. DATED this 27th day of June, 2025. Lieutenant Colonel Russ Wheatley, Chief of Staff Idaho State Police 700 S Stratford Drive Meridian ID 83642 (208) 884-7004 Russ.Wheatley@isp.idaho.gov IdahoAdministrative Bulletin Page 30 August 6, 2025 – Vol. 25-8 IDAHO STATE POLICE Docket No. 11-1003-2501 Rules Governing the Sex Offender Registry ZBR Proposed Rulemaking THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 11-1003-2501 (ZBR Chapter Rewrite.) 11.10.03 – RULES GOVERNING THE SEX OFFENDER REGISTRY 000. LEGALAUTHORITY. Title 18, Chapter 83, Idaho Code, Sections 18-8301 through 18-8331. (4-6-23) 001. SCOPE. The rules relate to the administration of the state’s sex offender central registry, which includes both adult and juvenile offenders. (3-23-22) 002. -- 009. (RESERVED) 010. DEFINITIONS. The terms defined in Section 67-3001, Idaho Code, apply as do the following terms: (4-6-23)
01. Substantially Equivalent. Any sex offense related crime, regardless of whether a felony or
misdemeanor, that consists of similar elements defined in Title 18 of the Idaho Criminal Code. It does not mean exactly the same, nor exactly identical to. (3-23-22)
02. Working Days. Each day except Saturday, Sunday, or a legal state holiday. (3-23-22)
011. (RESERVED) 012. SEX OFFENDER CENTRAL REGISTRY --ADMINISTRATION.
01. Central Registry Established. The bureau of criminal identification is responsible for
administration of the central registry pursuant to the requirements in Title 18, Chapters 83 and 84, Idaho Code and these rules. (4-6-23)
02. Forms. The following forms and procedures will be used to provide notice to and collect
information from persons required to register as a sex offender. (4-6-23) a. “Idaho Sex Offender Registry Form:” notifies an offender of register registration requirements and collects from an offender information required for registration or any change of address or status, as required by statute. (4-6-23)( ) b. “Idaho Sex Offender Registry Homeless - Location Verification Form:” is used during bi-weekly reporting to collect from an offender the information required when the offender does not provide a physical address at the time of registration. (4-6-23)
03. Photographs and Fingerprints. (3-23-22)
a. An offender’s photograph will be in color. The sheriff will forward a copy of the photograph to the bureau with tagging information so it may easily be located by registry staff in the department of transportation photo database. Photographs submitted to the central registry will be a copy of the new photographs taken at the time of each registration. From collected registration fees, the sheriff will pay to the state the cost of photography materials lawfully required by a state agency or department. (3-23-22)( ) b. The sheriff will also submit the required fingerprints and palmprints for each registrant, in a manner IdahoAdministrative Bulletin Page 31 August 6, 2025 – Vol. 25-8 IDAHO STATE POLICE Docket No. 11-1003-2501 Rules Governing the Sex Offender Registry ZBR Proposed Rulemaking prescribed by the department, either by manual card or electronic submission for each registration. (3-23-22)( )
04. Notification to Local Law Enforcement. Lists of all offenders registered within a county are
available on the sex offender registry web site. The bureau will notify the appropriate county law enforcement agency with jurisdiction any time the bureau becomes aware of a change of status or change of residence of a registered sex offender; and of a registered offender’s intent to reside in an agency’s jurisdiction. (3-23-22)
05. Notification to Other Jurisdictions. Within one (1) working day of receiving notification that a
registered sex offender is moving to another jurisdiction, the bureau will notify the receiving jurisdiction’s designated sex offender registration agency of the move by mail or electronic means. (3-23-22)
06. Expungement of Central Registry Information. (3-23-22)
a. Upon receipt of a certified copy of a death certificate or official government documentation recording the death of a person registered with the central registry, the bureau will expunge all records concerning the person from the central registry. (4-6-23) b. Upon receipt of a duly attested copy of a pardon issued by the governor or official pardoning body of the jurisdiction where the conviction was entered and then reported to the central registry, the bureau will expunge all records concerning the conviction from the central registry. If the pardoned person has no other conviction requiring registration, the bureau will expunge all references concerning the person from the central registry.(4-6-23) c. Upon receipt of a duly attested document from a court clerk that a conviction previously reported to the central registry has been reversed by the court of conviction, the bureau will expunge all records concerning the conviction from the central registry, provided that the person has no other conviction requiring registration.(3-23-22) d. Expungement of a record will not occur in cases where a court has ordered a dismissal for a withheld judgment. (3-23-22) e. Pursuant to Section 18-8310(5), Idaho Code, if a person is exempted from the registration requirement by court order, the bureau will expunge all records and references concerning the offender from the central registry. (3-23-22) f. “Any periods of supervised release, probation, or parole” in Section 18-8310(1)(a), Idaho Code, means those periods resulting from the underlying conviction requiring registration. (4-6-23)
07. Determination of Substantially Equivalent or Similar Crime. (3-23-22)
a. Aperson convicted of a sex offense in another jurisdiction and who moves to, works in, or becomes a student in Idaho may be required to register as a sex offender in Idaho pursuant to Title 18, Chapters 83 or 84, Idaho Code. (3-23-22) b. The bureau shall determine if a person's out-of-jurisdiction conviction is substantially equivalent or similar to an Idaho sex related offense, as defined by Idaho's Criminal Code, for the purposes of requiring a person to register in Idaho. (3-23-22) c. The bureau may make all substantially equivalent determinations using the police report (of the incident related to the sex offense), indictment or information or other lawful charging document, judgment or order (of sex offense conviction), psychosexual evaluation report, and order of probation. (3-23-22) d. If a person seeks a substantially equivalent determination by the bureau before moving to, working in, or becoming a student in Idaho, that person shall provide a completed application and attach certified copies of all above-named documents to the bureau. (3-23-22) e. The bureau shall issue a substantially equivalent determination within sixty (60) days upon receipt of a completed application and the required documents. (3-23-22) IdahoAdministrative Bulletin Page 32 August 6, 2025 – Vol. 25-8 IDAHO STATE POLICE Docket No. 11-1003-2501 Rules Governing the Sex Offender Registry ZBR Proposed Rulemaking f. The bureau’s determination is a declaratory ruling as defined by Chapter 52, Title 67, Idaho Code. (3-23-22) g. Judicial review of the bureau's determination will be made in accordance with Chapter 52, Title 67, Idaho Code. (3-23-22) 013. -- 999. (RESERVED) IdahoAdministrative Bulletin Page 33 August 6, 2025 – Vol. 25-8
Documents
- Full text (state register) · June 04, 2025
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