18-8328. ACTION FOR RELIEF BY OFFENDER OR JUVENILE OFFENDER. Any person who is required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, may file a petition in a district court in the judicial district where the person resides, to have relief from the provisions of section 18-8327 or 18-8414, Idaho Code, pertaining to employment in or being upon or remaining on the premises of a day care center, group day care facility or family day care home while children are present, other than to drop off or pick up the sex offender’s or juvenile sex offender’s child or children. To be granted relief pursuant to this section, the person shall show by clear and convincing evidence that the person required to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, does not pose a threat to children in a day care center, group day care facility or family day care home, it has been at least ten (10) years since the person’s last conviction, finding of guilt or adjudication that required the person to register pursuant to chapter 83, title 18, Idaho Code, or chapter 84, title 18, Idaho Code, and the petitioner presents testimony from a licensed physician or psychologist about the petitioner’s chance of success of not committing an act against children.
History:
[18-8328, added 2004, ch. 270, sec. 6, p. 756.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 83 - SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT
Section 18-8301 - SHORT TITLE.
Section 18-8303 - DEFINITIONS.
Section 18-8304 - APPLICATION OF CHAPTER — RULEMAKING AUTHORITY.
Section 18-8305 - CENTRAL REGISTRY — NOTICE TO AGENCIES.
Section 18-8306 - NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION.
Section 18-8307 - REGISTRATION.
Section 18-8308 - VERIFICATION OF ADDRESS AND ELECTRONIC MONITORING OF VIOLENT SEXUAL PREDATORS.
Section 18-8309 - DUTY TO UPDATE REGISTRATION INFORMATION.
Section 18-8310 - RELEASE FROM REGISTRATION REQUIREMENTS — EXPUNGEMENT.
Section 18-8310A - DISTRICT COURT TO RELEASE FROM REGISTRATION REQUIREMENTS — EXPUNGEMENT.
Section 18-8313 - REMOVAL OF BOARD MEMBERS.
Section 18-8314 - POWERS AND DUTIES OF THE SEXUAL OFFENDER MANAGEMENT BOARD.
Section 18-8315 - COMPLIANCE WITH OPEN MEETINGS LAW.
Section 18-8316 - REQUIREMENT FOR PSYCHOSEXUAL EVALUATIONS UPON CONVICTION.
Section 18-8318 - OFFENDER REQUIRED TO PAY FOR PSYCHOSEXUAL EVALUATION.
Section 18-8323 - PUBLIC ACCESS TO SEXUAL OFFENDER REGISTRY INFORMATION.
Section 18-8324 - DISSEMINATION OF REGISTRY INFORMATION.
Section 18-8325 - EXEMPTION FROM CIVIL LIABILITY.
Section 18-8327 - ADULT CRIMINAL SEX OFFENDER — PROHIBITED EMPLOYMENT.
Section 18-8328 - ACTION FOR RELIEF BY OFFENDER OR JUVENILE OFFENDER.
Section 18-8329 - ADULT CRIMINAL SEX OFFENDERS — PROHIBITED ACCESS TO SCHOOL CHILDREN — EXCEPTIONS.
Section 18-8331 - ADULT CRIMINAL SEX OFFENDERS — PROHIBITED GROUP DWELLING — EXCEPTIONS.