Requirement for psychosexual evaluations upon conviction.
If ordered by the court, an offender convicted of any offense listed in section 18-8304, Idaho Code, may submit to an evaluation to be completed and submitted to the court in the form of a written report from a certified evaluator as defined in section 18-8303, Idaho Code, for the court’s consideration prior to sentencing and incarceration or release on probation. The court shall select the certified evaluator from a central roster of evaluators compiled by the sexual offender management board. A certified evaluator performing such an evaluation shall be disqualified from providing any treatment ordered as a condition of any sentence, unless waived by the court. An evaluation conducted pursuant to this section shall be done in accordance with the standards established by the board pursuant to section 18-8314, Idaho Code.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1994–2026 · leading case:
Estrada v. State, 149 P.3d 833 (Idaho 2006).
Estrada v. State, 149 P.3d 833 (Idaho 2006).
· cites it 4× “shall submit to [a psychosexual] evaluation____” The presentence report relies greatly on information already available in public records, such as educational background, residence history and employment information.”
Smith v. State, 203 P.3d 1221 (Idaho 2009).
· cites it 4× “Unlike a psychosexual evaluation prepared for a court's use in sentencing a sex offender under I.C. § 18-8316, the purpose of a psychosexual evaluation conducted under I.”
State v. Curless, 44 P.3d 1193 (Idaho Ct. App. 2002).
· cites it 4× “The district court ordered Curless to submit to a psychosexual evaluation pursuant to I.C. § 18-8316. Cur-less submitted to the evaluation and later filed a motion requesting that the evaluation be excluded from the sentencing hearing, alleging that it violated his…”
Stuart v. State, 180 P.3d 506 (Idaho Ct. App. 2007).
· cites it 4× “Specifically, Idaho Rule of Criminal Procedure 32 does not require a defendant's participation in a presentence investigation report, whereas I.C. § 18-8316 states, "If ordered by the court, an offender .”
State v. Garry K. Widmyer, 313 P.3d 770 (Idaho Ct. App. 2013).
· cites it 6× “Widmyer claims I.C. § 18-8316 limits the authority of when a sentencing court can require a psyehosexual evaluation.”
Jeffrey Dane Murray v. State, 321 P.3d 709 (Idaho 2014).
· cites it 2× “The defendant in Estrada pleaded guilty to rape, the court advised him that he was waiving his right against self-incrimination, and ordered him to participate in a psychosexual evaluation pursuant to Idaho Code section 18-8316. 143 Idaho at 560 , 149 P.”
State v. Guzman, 486 P.3d 532 (Idaho Ct. App. 2020).
· cites it 8× “Idaho Code § 18-8316 expressly provides that “if ordered by the court,” then the court may consider a PSE “prior to sentencing and incarceration or release on probation.”
State v. Earl Wayne Steele, 291 P.3d 466 (Idaho Ct. App. 2012).
· cites it 2× “See I.C. § 18-8316. During an evidentiary hearing on Steele’s post-convietion claims, Steele’s trial attorney testified that he had previously read other PSEs conducted in Alford situations and that he did not think that the defendants were always determined to be a high risk to…”
State v. Jones, 974 P.2d 85 (Idaho Ct. App. 1999).
· cites it 2× “Section 18-8316 now requires a psychosexual evaluation by a professional in all sexual offense cases prior to sentencing.”
Christopher Ray Schultz, 291 P.3d 474 (Idaho Ct. App. 2012).
· cites it 2× “" The attorney also commented, "I want every single good piece of evidence that I can get my hands on to be able to argue at your sentencing.”
State v. Manuel G. Velasco, 300 P.3d 66 (Idaho Ct. App. 2013).
· cites it 2× “First, the summary of a competency evaluation and the actual competency evaluation contain very nearly the same information and findings, only the summary is more concise.”
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