| Idaho Megan's
Law and Victim's Rights
(1) The right to respect
To be treated with fairness, respect, dignity and
privacy throughout the criminal justice process.
(2)The right to be informed
A crime victim has the right to prior
notification of trial court, appellate and parole proceedings and, upon request,
to information about the sentence, incarceration and release of the defendant.
(3)The right to be present
(a) A crime victim has the right to be present
at all criminal justice proceedings.
(4)The right to be heard
A crime victim has the right to communicate with
the prosecution. A crime victim has the right to be heard, upon request, at all
criminal justice proceedings considering a plea of guilty, sentencing,
incarceration or release of the defendant, unless manifest injustice would
result.
Please refer to the State of Idaho Section 22 for further information
regarding the victims' rights.
SECTION 22. RIGHTS OF CRIME VICTIMS. A crime victim, as defined by
statute, has the following rights:
(1) To be treated with fairness, respect, dignity and privacy throughout the
criminal justice process.
(2) To timely disposition of the case.
(3) To
prior notification of trial court, appellate and parole proceedings and, upon
request, to information about the sentence, incarceration and release of the
defendant.
(4) To be present at all criminal justice proceedings.
(5) To
communicate with the prosecution.
(6) To be heard, upon request, at all
criminal justice proceedings considering a plea of guilty, sentencing,
incarceration or release of the defendant, unless manifest injustice would
result.
(7) To restitution, as provided by law, from the person committing
the offense that caused the victim's loss.
(8) To refuse an interview, ex
parte contact, or other request by the defendant, or any other person acting on
behalf of the defendant, unless such request is authorized by law.
(9) To
read pre-sentence reports relating to the crime.
(10) To the same rights in
juvenile proceedings, where the offenses is a felony if committed by an adult,
as guaranteed in this section, provided that access to the social history report
shall be determined by statute.
Nothing in this section shall be construed to authorize a court to dismiss a
case, to set aside or void a finding of guilt or an acceptance of a plea of
guilty, or to obtain appellate, habeas corpus, or other relief from any criminal
judgment, for a violation of the provisions of this section; nor be construed as
creating a cause of action for money damages, costs or attorney fees against the
state, a county, a municipality, any agency, instrumentality or person; nor be
construed as limiting any rights for victims previously conferred by statute.
This section shall be self-enacting. The legislature shall have the power to
enact laws to define, implement, preserve, and expand the rights guaranteed to
victims in the provisions of this section.
| Contact Person: |
Dawn Peck (Phone) 208-884-7305; (Fax) 208-884-7193 |
| Idaho Sex Offenders Required to Register: |
Adult sex offenders convicted, incarcerated, on probation/parole
on or after statute’s effective date July 1, 1993. Juvenile charged as juveniles
convicted incarcerated, on probation/parole on or after July 1, 1998. |
| Information Collected: |
Fingerprints, photo, other identifying information including
physical description, description of conviction. |
| Administrating Agency: |
State of Idaho, Idaho State Police, Bureau of Criminal
Identification; local & county law enforcement. |
| Timeframe for Registration: |
Within 5 days of entering any county (local, intrastate); within
5 days of changing address; within 10 days of moving into state. Must report
within 5 days for those moving out of state. |
| Applies to Out of State Offenders: |
Yes |
| Duration of Requirement: |
After 10 years adults may petition the court to be relieved of
registering. Juveniles are required to register until age 21. |
| Verification of Address: |
Annually |
| Penalties for Non-Compliance: |
Felony - incarceration up to 5 years, fine up to
$5,000. |
| Access to Information: |
The law allows release of sexual offender information to the
public upon written request from either the Bureau of Criminal Identification
(BCI) or the Sheriff’s Office. Both agencies have forms for the requests, and
there is a $5.00 fee for each request. Photographs can also be requested
directly from BCI, for a fee of $5.00. Sheriff’s offices have the forms for
photo requests that can be mailed to BCI. |
| Confidentiality Provision: |
Yes |
| Number Registered: |
2044 adults 133 juveniles as of 8-1-02 |
| Percent Compliance: |
87% |
| Internet Access: |
Ada County http://www.adasheriff.org/
http://www.isp.state.id.us/identification/sex_offender/index.html |
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