Proposed rule change.

The SOMB is proposing rulemaking changes to Rule 003 which incorporates documents by reference by updating effective dates and titles of referenced documents and eliminating redundant documents. Specifically, this proposed rulemaking updates the versions of the documents issued by the American Association of Police Polygraphists and the American Polygraph Association incorporated by reference in Rules 003.01 and 003.02, and amends the official names of these documents. This proposed rulemaking also updates Rule 003.03 and Rule 003.04 to reflect the October 2020 version date of the Idaho Sexual Offender Management Board Standards and Guidelines for Adult Sexual Offender Management Practices and the Idaho Sexual Offender Management Board Standards and Guidelines for Practitioners, Evaluations and Treatment of Juvenile Sexual Offenders. The SOMB is amending the Standards to allow all 40 hours of continuing education to be obtained through on-line education resources to give providers more options for fulfilling continuing education requirements. The current December 2019 version of these Standards only permit certified providers to obtain 10 of the required 40 hours of continuing education through on-line educational resources. These changes to the Standards are expected to be finalized at the SOMB’s October 2020 meeting. Finally, this proposed rulemaking deletes Rules 003.05 and 003.06 as the documents referenced in these rules are included in the Standards incorporated in Rules 003.03 and 003.04.

No More Sexual Violence

Limitations to Evaluators

Limitations to Evaluators
Is one of the goals of the guidelines to limit the ability of an evaluator to conduct a psychosexual evaluation for any purpose other than a criminal case where the offender has admitted to the acts of sexual abuse/offense.

The SOMB’s statutory authority is to create standards for sexual offender evaluations that are conducted post-conviction for the criminal justice system. This does not preclude an evaluator from conducting psychosexual evaluations for other purposes. The board is not trying to restrict the conditions under which an evaluator may conduct an evaluation. They are limited under the law in how far-reaching the standards apply.

The purpose of a psychosexual evaluation is to assess the risk of re-offense and is not for exploratory determinations of whether inappropriate sexual behavior occurred.