Idaho Code
Idaho Code § 18-8312 (2026)
Sexual offender management board — Appointment — Terms — Vacancies — Chairman — Quorum — Qualifications of members — Compensation of members.
✓ current as of May 2026
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Sexual offender management board — Appointment — Terms — Vacancies — Chairman — Quorum — Qualifications of members — Compensation of members.
(1) A sexual offender management board is hereby created within the Idaho department of correction. The board shall consist of ten (10) voting members appointed by the governor by and with the advice and consent of the senate. Present members shall continue to serve for the balance of their initial terms of appointment. Thereafter, any member appointed or reappointed shall serve for a term of three (3) years. Members shall be eligible for reappointment to the board without limitation. The board shall be charged with the advancement and oversight of sexual offender management policies and practices statewide.
(2) Vacancies in the membership of the board shall be filled in the same manner in which the original appointments are made. Members appointed to a vacant position shall serve the remainder of the unexpired term.
(3) Qualifications of members.
(a) One (1) member of the board shall have, by education, experience and training, expertise in the assessment and treatment of adult sexual offenders.
(b) One (1) member of the board shall have, by education, experience and training, expertise in the assessment and treatment of juveniles who have been adjudicated for sexual offenses.
(c) One (1) member of the board shall have, by education, experience and training, expertise in cultural diversity and behavior of sexual offenders as they relate to assessment and treatment.
(d) One (1) member of the board shall be from the Idaho department of correction.
(e) One (1) member of the board shall be from the Idaho department of juvenile corrections.
(f) One (1) member of the board shall be an attorney who has experience in the prosecution of sexual offenders through the criminal justice process.
(g) One (1) member of the board shall be an attorney who has experience in the defense of sexual offenders through the criminal justice process.
(h) One (1) member of the board shall be from the Idaho sheriffs’ association.
(i) One (1) member of the board shall be a representative of the public.
(j) One (1) member of the board shall have, by education, experience and training, expertise in postconviction sexual offender polygraph examination.
(4) In addition, there shall be advisory to the board, one (1) nonvoting member representing the judiciary who shall be appointed by the chief justice of the Idaho supreme court. The term of appointment for the judicial member shall be four (4) years.
(5) The board may create subcommittees to address specific issues. Such subcommittees may include board members as well as invited experts and other stakeholders or participants.
(6) The board shall elect a chairman from its members.
(7) A quorum shall exist when a majority of the board is present.
(8) Members shall be compensated as provided by section 59-509(o), Idaho Code.
Notes of Decisions
Cited in 6
cases, 2003–2020 · leading case: Smith v. State, 203 P.3d 1221 (Idaho 2009).
Smith v. State, 203 P.3d 1221 (Idaho 2009). “The Guidelines defined "Violent Sexual Predator" as follows: A person who has been convicted of an offense listed in Section 18-8312, Idaho Code, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually…”
Does v. Lawrence Wasden, 982 F.3d 784 (9th Cir. 2020). “” Registrants convicted of a subcategory of offenses, listed in Idaho Code § 18-8312 , and found to pose such a risk based on their evaluation, were deemed “violent sexual predators.”
State v. Guzman, 486 P.3d 532 (Idaho Ct. App. 2020). “See I.C. § 18-8312(3)(j) (requiring the sex-offender management board to include an individual with “expertise in postconviction sexual offender polygraph examination”); I.”
State v. Guzman (Idaho Ct. App. 2020). “See I.C. § 18-8312(3)(j) (requiring the sex-offender management board to include an individual with “expertise in postconviction sexual offender polygraph examination”); I.”
State v. Guzman (Idaho Ct. App. 2020). “See I.C. § 18-8312(3)(j) (requiring the sex-offender management board to include an individual with “expertise in postconviction sexual offender polygraph examination”); I.”
State v. Knapp, 79 P.3d 740 (Idaho Ct. App. 2003). “I.C. § 18-8312. Idaho Code § 18-8310 constructively adds a third category of non-ineareer-ated sex offender: those relieved of the registration requirement.”
— Idaho Code § 18-8312(1) — 1 case
Smith v. State, 203 P.3d 1221 (Idaho 2009). “The Guidelines defined "Violent Sexual Predator" as follows: A person who has been convicted of an offense listed in Section 18-8312, Idaho Code, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually…”
— Idaho Code § 18-8312(3)(j) — 3 cases
State v. Guzman, 486 P.3d 532 (Idaho Ct. App. 2020). “See I.C. § 18-8312(3)(j) (requiring the sex-offender management board to include an individual with “expertise in postconviction sexual offender polygraph examination”); I.”
State v. Guzman (Idaho Ct. App. 2020). “See I.C. § 18-8312(3)(j) (requiring the sex-offender management board to include an individual with “expertise in postconviction sexual offender polygraph examination”); I.”
State v. Guzman (Idaho Ct. App. 2020). “See I.C. § 18-8312(3)(j) (requiring the sex-offender management board to include an individual with “expertise in postconviction sexual offender polygraph examination”); I.”
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