IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO * * * * *

Transcription

1 Greg J. Fuller Daniel S. Brown FULLER LAW OFFICES Attorneys at Law 161 Main Avenue West P. O. Box L Twin Falls, ID Telephone: (208) Facsimile : (208) ISB #1442 ISB #7538 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO * * * * * JOHN and JANE DOES 1-86, ) Case No. ) Plaintiffs, ) ) COMPLAINT FOR vs. ) INJUNCTIVE AND ) DECLARATORY RELIEF LAWRENCE WASDEN, Attorney General ) of the State of Idaho; KEVIN KEMPF, ) Director of the Idaho Department of ) Correction; HENRY ATENCIO, Chief ) Department of Correction Probation and ) Parole Division, SEXUAL OFFENDER ) MANAGEMENT BOARD and its ) members, SHANE EVANS, MICHAEL ) JOHNSTON, Ph.d., DOLLY BEDAL, ) JEFFREY BETTS, JON BURNHAM, ) JEAN FISHER, PAULA GARAY, ) SHERIFF CHARLES HUFF, KIMBERLY ) SIMMONS and CHRISTINA IVERSON, ) in their official capacities, COLONEL ) RALPH POWELL, Director, IDAHO ) STATE POLICE, TWIN FALLS COUNTY ) SHERIFF; ADA COUNTY SHERIFF; ) BONNEVILLE COUNTY SHERIFF; ) CASSIA COUNTY SHERIFF; JEROME )

2 COUNTY SHERIFF; BINGHAM ) COUNTY SHERIFF; FRANKLIN ) COUNTY SHERIFF; MINIDOKA ) COUNTY SHERIFF; BANNOCK ) COUNTY SHERIFF; LINCOLN COUNTY ) SHERIFF; TETON COUNTY SHERIFF; ) VALLEY COUNTY SHERIFF; BUTTE ) COUNTY SHERIFF; GOODING ) COUNTY SHERIFF; BOISE COUNTY ) SHERIFF; CAMAS COUNTY SHERIFF; ) ELMORE COUNTY SHERIFF; and ) LEMHI COUNTY SHERIFF, ) ) Defendants. ) * * * * * COME NOW The Plaintiffs, John and Jane Does 1-86, by and through the undersigned attorneys, Fuller Law Offices, and file this Complaint for Injunctive and Declaratory Relief. This is an action under 42 U.S.C. Section 1983 to address the unconstitutionality of Idaho s Sexual Offender Registration Notification and Community Right-to-Know Act (hereinafter referred to as Sex Offender Registry) as last amended by the Idaho State Legislature July 1, Plaintiffs challenge the Sex Offender Registry and accompanying statutes/laws to be in violation of the U.S. and Idaho Constitutions and ask to permanently enjoin the Defendants from enforcing the said laws. NATURE OF THE ACTION As alleged with greater particularity below, Plaintiffs allege that specific provisions of the Sex Offender Registry and accompanying statutes/laws are unconstitutionally vague in violation of the due process protections of the U.S. and Idaho Constitutions and amount to retroactive punishment, in violation of the ex post facto clause of the U.S. Constitution and the retroactivity clause of the Idaho Constitution.

3 Plaintiffs also allege that the Sex Offender Registry and accompanying statutes/laws further violate the Due Process, Substantive Due Process, Equal Protection, Double Jeopardy, Contracts, and Takings clauses of the U.S. and Idaho Constitutions. Plaintiffs also allege that the Sex Offender Registry and accompanying statutes/laws violate their rights to acquire, possess and protect property; their rights to seek and obtain safety and happiness; their rights to travel, life and liberty; and their rights to freedom of association and religion protected by the First Amendment and Due Process Clause of the U.S. Constitution, as well as Article 1, Sections 4 and 13 of the Idaho Constitution. Additionally, Plaintiffs allege that the Sex Offender Registry and accompanying statutes/laws constitute cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution and Article 1, Section 6 of the Idaho Constitution. Finally, Plaintiffs allege that the Sex Offender Registry and accompanying statutes/laws violate the Separation of Powers doctrine of the Idaho Constitution. Plaintiffs are challenging the Sex Offender Registry and laws both facially and as applied to them. I. JURISDICTION 1. This Court has original subject matter jurisdiction over the federal Constitutional violations alleged in this Complaint pursuant to the provisions of 42 U.S.C. Section 1983 and 28 U.S.C. Sections 1221 and Pursuant to 28 U.S.C. Section 1367(a), this Court has supplemental jurisdiction over Plaintiffs state law claims. This Court has jurisdiction to issue injunctive and declaratory relief pursuant to 28 U.S.C. Section 2201 and 42 U.S.C. Section Venue is proper in the District of Idaho pursuant to 28 U.S.C. Section All parties work and reside in Idaho, and all actions pertinent to this complaint occurred

4 in the State of Idaho. II. PARTIES 3. Plaintiff, John Doe 1, is a resident of Twin Falls County, State of Idaho. On November 15, 1984, John Doe 1 was convicted in Elmore County, State of Idaho, of an Infamous Crime Against Nature, against a child the age of 11 years. He was granted a Withheld Judgment and was placed on supervised probation for a period of ten (10) years. In 1993, John Doe 1 was informed that he was required to register as a sex offender in the State of Idaho. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. While on probation, John Doe 1 completed a sex offender treatment program with Dr. Isom in Twin Falls County, State of Idaho. John Doe 1 was released from probation on January 9, Based on the above-cited facts, John Doe 1 would have had standing to petition to be released from registration requirements in January, 2005, at the latest and November, 1994, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where the definition of an aggravated offense now included any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen years, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 1, a resident of Twin Falls County, State of Idaho, was convicted of a sexual offense in Elmore County, State of Idaho in His offense was not considered aggravated until July 1, 2009, twenty-five years after the conviction date.

5 John Doe 1 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 4. Plaintiff, John Doe 2, is a resident of Ada County, State of Idaho. On January 3, 1990, John Doe 2 was convicted of two counts of Sexual Abuse of a Child Under the Age of 16 Years, to-wit the age of 12 years and 11 years, felonies. He was sentenced to the custody of the Idaho State Board of Corrections, Boise, State of Idaho, for a minimum fixed period of one (1) year followed by an indeterminate period of six (6) years for each of the counts. These sentences were to be served concurrently. However the Court retained jurisdiction for 120 days and John Doe 2 was placed in Cottonwood for the Sexual Offender Program. On July 20, 1990, John Doe 2 was placed on probation for a period of seven (7) years. At this time, the Sex Offender Registry was not in place and John Doe 2 was not required to register. John Doe 2 was contacted in 1993 and informed that he must register as a sex offender. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. John Doe 2 completed a sex offender treatment program with S.A.N.E. in 1996, and in January, 1997, John Doe 2 was released from probation. Based on the above-cited facts, John Doe 2 would have had standing to petition to be released from registration requirements in January, 2007, at the latest and July, 2000, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where the definition of aggravated offense was amended to include any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was

6 below the age of thirteen years, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 2, a resident of Ada County, State of Idaho, was convicted of two counts of a sexual offense in Ada County, State of Idaho in His offense was not considered aggravated until July 1, 2009, twenty years after the date of conviction. John Doe 2 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 5. Plaintiff, John Doe 3, is a resident of Twin Falls County, State of Idaho. On July 19, 1999, John Doe 3 was convicted in Twin Falls County, State of Idaho, of Sexual Abuse with a Minor Under Sixteen, to-wit the age of 11 years, a felony. He was sentenced to a period not to exceed eight (8) years at the Idaho State Board of Corrections, Boise, State of Idaho. John Doe 3 was sentenced to serve a minimum of three (3) years in custody and a subsequent indeterminate period of five (5) years. This sentence was suspended by the Court and John Doe 3 was placed on probation for a period of three (3) years. John Doe 3 began registering when his probation began in July, At that time, Idaho Code Section , Release From Registration Requirements stated: Any person, other than one designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. John Doe 3 completed a sex offender treatment program with McNiel and Associates, LLC, in Twin Falls County, State of Idaho, in July, John Doe 3 was granted early release from probation on or

7 about July 7, Based on the above-cited facts, John Doe 3 would have had standing to petition to be released from registration requirements in July, Because of the ex post facto amendments in effect from July 1, 2009, where the definition of an aggravated offense now included any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen years, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 3, a resident of Twin Falls County, State of Idaho, was convicted of a sexual offense in Twin Falls County, State of Idaho in His offense was not considered aggravated until July 1, 2009, ten years after the conviction date. John Doe 3 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 6. Plaintiff, John Doe 4, is a resident of Bonneville County, State of Idaho. On June 15, 1988, John Doe 4 was convicted in Cassia County, Sate of Idaho, of Lewd and Lascivious Conduct with a Minor, to-wit the age of 14 years, a felony. He was sentenced to the custody of the Idaho State Board of Corrections for a determinate period of eighteen (18) months followed by an indeterminate period not to exceed forty-two (42) months. However, the Court retained jurisdiction for a period of 180 days. John Doe 4 was placed on probation for a period of five (5) years. John Doe 4 completed a sex offender treatment program at Life Cycle Counseling in March, 1995 and was released from probation on April 17, In July, 1998, John Doe 4 was informed that he must begin registering as a sex offender in the State of Idaho. At this time, the Release from Registration Requirements stated: any person, other than one designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was

8 released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. Based on the above-cited facts, John Doe 4 would have had standing to petition to be released from registration requirements in July, 1998, the same year he was informed he must register. Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 4, a resident of Bonneville County, State of Idaho, was convicted of a sexual offense in Cassia County, State of Idaho in His offense was not considered aggravated until July 1, 2009, twenty-one years after the date of conviction. John Doe 4 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 7. Plaintiff, John Doe 5, is a resident of Twin Falls County, State of Idaho. On August 30, 1988, John Doe 5 was convicted in Jerome County, State of Idaho, of Sexual Abuse of a Child Under 16 Years of Age, to-wit the age of 7 years, a felony. He was sentenced to the custody of the Idaho State Board of Correction, Boise, State of Idaho, for a minimum fixed period of two (2) years followed by an indeterminate period not to exceed three (3) years. However, this sentence was suspended and John Doe 5 was placed on probation for a period of three (3) years. John Doe 5 violated this probation and, on August 20, 1991, the order for probation was revoked and the original sentence was reinstated, however, the Court retained jurisdiction for 180 days in the Sex

9 Offender s Program at Cottonwood. On February 13, 1992, it was ordered that John Doe 5 remain in the custody of the Idaho State Board of Corrections. John Doe 5 was under the custody of Idaho State Board of Corrections for a period of two (2) years. In 1994, John Doe 5 was placed on parole in April, 1994, for a period of two (2) years and began registering as a sex offender. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. John Doe 5 was released from parole on September 12, Based on the above-cited facts, John Doe 5 would have had standing to petition to be released from registration requirements in September, 2006, at the latest and April, 2004, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where the definition of aggravated offense was amended to include any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen years, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 5, a resident of Twin Falls County, State of Idaho, was convicted of a sexual offense in Jerome County, State of Idaho in His offense was not considered aggravated until July 1, 2009, twenty-one years after the date of conviction. John Doe 5 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 8. Plaintiff, John Doe 6, is a resident of Cassia County, State of Idaho. On November 15, 1991, John Doe 6 was convicted of Lewd Conduct with a Minor Child

10 Under 16 Years of Age, to-wit the age of 14 years, a felony. He was sentenced to a minimum fixed and determinate period of eighteen (18) months followed by an indeterminate period up to forty-two (42) months. However, this sentence was suspended and John Doe 6 was placed on probation for a period of five (5) years. In 1993, John Doe 6 was informed that he must register as a sex offender in the State of Idaho. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. On October 16, 1996, John Doe 6 was released from probation. Based on the above-cited facts, John Doe 6 would have had standing to petition to be released from registration requirements in October, 2006, at the latest and November, 2001, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 6, a resident of Cassia County, State of Idaho, was convicted of a sexual offense in Cassia County, State of Idaho in His offense was not considered aggravated until July 1, 2009, eighteen years after the date of conviction. John Doe 6 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 9. Plaintiff, John Doe 7, is a resident of Twin Falls County, State of Idaho. On December 11, 1992, John Doe 7 was convicted in Bannock County, State of Idaho, of two

11 counts of Sex Abuse of a Child Under the Age of 16, to-wit the age of 10 years, a felony. He was sentenced to a fixed term of three (3) years and a subsequent indeterminate term of four (4) years. However, this sentence was suspended and John Doe 7 was placed on probation for a period of ten (10) years. John Doe 7 completed a sex offender treatment program with Paul Ives and was released from probation on August 24, In 1999, John Doe 7 was advised that he must begin registering as a sex offender in the State of Idaho. At this time, the release from registration requirements stated: Any person, other than a recidivist or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. Based on the above-cited facts, John Doe 7 would have had standing to petition to be released from registration requirements in December, Because of the ex post facto amendments in effect from July 1, 2009, where the definition of aggravated offense was amended to include any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen years, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 7, a resident of Twin Falls County, State of Idaho, was convicted of a sexual offense in Bannock County, State of Idaho in His offense was not considered aggravated until July 1, 2009, seventeen years after the date of conviction. John Doe 7 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry.

12 10. Plaintiff, John Doe 8, is a resident of Jerome County, State of Idaho. On August 1, 1994, John Doe 8 was convicted in Twin Falls County of Rape, a felony, and convicted in Jerome County, of Lewd Conduct with a Minor Child Under the Age of 16 Years, to-wit the age of 15 years, a felony. John Doe 8 was sentenced to serve a minimum of two (2) years followed by an indeterminate period not to exceed three (3) years. However, the Court retained jurisdiction for 180 days in Cottonwood, the sentence was suspended, and in February, 1995 John Doe 8 was placed on probation for a period of two (2) years. John Doe 8 began registering as a sex offender that year. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. While on probation, John Doe 8 completed a sex offender treatment program with Gail Ater and Paul Ives. John Doe 8 was released from probation on March 24, Based on the above-cited facts, John Doe 8 would have had standing to petition to be released from registration requirements in March, 2007, at the latest and February, 2005, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. In November, 2011, John Doe 8 attempted to be removed from the sex offender registry, but was denied. Plaintiff, John Doe 8, a resident of Jerome County, State of Idaho, was convicted of a sexual offense in Twin Falls County, State of Idaho and a sexual offense in Jerome

13 County, State of Idaho in John Doe 8 petitioned to be removed from the registry in 2011, but was denied. His offense was not considered aggravated until July 1, 2009, fifteen years after the date of conviction. John Doe 8 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 11. Plaintiff, John Doe 9, is a resident of Ada County, State of Idaho. On April 14, 1992, John Doe 9 was convicted in Ada County, State of Idaho, of Lewd Conduct with a Minor Under Sixteen, to-wit the age of 14 years, a felony. He was sentenced to the custody of the Idaho State Board of Correction for an aggregate term of five (5) years which consisted of a minimum period of confinement of one (1) year followed by a subsequent indeterminate period of custody not to exceed four (4) years. However, the court retained jurisdiction for 180 days to suspend execution of Judgment. On April 14, 1992, John Doe 9 was placed on probation for a five (5) year period. At this time, the Sex Offender Registry was not in place and John Doe 9 was not required to register. John Doe 9 was contacted in 1993 and informed that he must register as a sex offender. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. In 1996, John Doe 9 completed the sex offender treatment program with the S.A.N.E. Program and he was released from probation on April 6, Based on the above-cited facts, John Doe 9 would have had standing to petition to be released from registration requirements in April, 2009, at the latest and April, 2002, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated

14 offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 9, a resident of Ada County, State of Idaho, was convicted of a sexual offense in Ada County, State of Idaho in His offense was not considered aggravated until July 1, 2009, seventeen years after the conviction date. John Doe 9 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 12. Plaintiff, John Doe 10, is a resident of Twin Falls County, State of Idaho. On April 24, 1992, John Doe 10 was convicted in Jerome County, State of Idaho, of Rape, to-wit the age of 16 years, a felony. He was sentenced to a determinate period of two (2) years followed by an indeterminate period not to exceed eight (8) years. However, the Court retained jurisdiction for 180 days. On April 21, 1992, John Doe 10 was placed on probation for a period of two (2) years. At this time, the Sex Offender Registry was not in place and John Doe 10 was not required to register. John Doe 10 was contacted in 1993 and informed that he must register as a sex offender. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. While on probation, John Doe 10 completed a sex offender treatment program with Paul Ives and was released from probation on May 5, Based on the above-cited facts, John Doe 10 would have had standing to petition to be released from registration requirements in May, 2004, the latest and April, 2002, at

15 the earliest. In this same year, John Doe 10 petitioned the Court for removal from the registry, but was denied because of the ex post facto amendments in effect from July 1, 2001, where a person who committed an aggravated offense was ineligible to petition. The definition of an aggravated offense, at this time, included rape, but excluding section (1) where the victim is at least twelve (12) years of age or the defendant is eighteen (18) years of age or younger. Because of this amendment, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 10, a resident of Twin Falls County, State of Idaho, was convicted of a sexual offense in Jerome County, State of Idaho in He petitioned to be released from the sex offender registry in 2004 and was denied. His offense was not considered aggravated until July 1, 2001, nine years after the date of conviction. John Doe 10 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 13. Plaintiff, John Doe 11, is a resident of Bingham County, State of Idaho. On July 9, 1993, John Doe 11 was convicted in Cassia County, State of Idaho, of Lewd Conduct with a Minor Child Under 16 Years of Age, to-wit the age of 3 years, a felony. He was sentenced to a determinate period of eighteen (18) months followed by an indeterminate period of up to forty-two (42) months at the Idaho State Board of Corrections. This sentence was suspended and John Doe 11 was placed on probation for a period of sixty (60) months. At this time, John Doe 11 was advised that he must register as a sex offender and the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date

16 of discharge from probation, parole or release from incarceration, whichever is greater.. John Doe 11 violated his probation in 1996, and was reinstated on his original sixty (60) month probation with additional conditions. John Doe 11 was released from probation on July 19, Based on the above-cited facts, John Doe 11 would have had standing to petition to be released from registration requirements in July, 2008, at the latest and July, 2003, at the earliest. Because of the ex post facto amendments in effect from July 1, 2001, where the definition of an aggravated offense now included lewd conduct, when the victim is less than twelve (12) years of age, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 11, a resident of Bingham County, State of Idaho, was convicted of a sexual offense in Cassia County, State of Idaho in His offense was not considered aggravated until July 1, 2001, eight years after the conviction date. John Doe 11 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 14. Plaintiff, John Doe 12, is a resident of Ada County, State of Idaho. On February 14, 1995, John Doe 12 was convicted in Nez Perce County, State of Idaho, of Sexual Abuse of a Child Under 16 Years of Age, to-wit of the age of 12 years of age, a felony. He was sentenced to a period of fifteen (15) years consisting of a minimum of five (5) years followed by an indeterminate period of ten (10) years at the Idaho State Board of Correction, Boise, State of Idaho. John Doe 12 was released from the Idaho State Board of Correction and placed on parole in September, John Doe 12 began registering on or about September 18, 2003 and at this time, the Release from Registration Requirements stated: any person, other than a recidivist, an offender who

17 has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. John Doe 12 completed sex offender treatment in January, 2010, and was discharged from probation in February, Based on the above-cited facts, John Doe 12 would have had standing to petition to be released from registration requirements in September, Because of the ex post facto amendments in effect from July 1, 2009, where the definition of an aggravated offense now included any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen years, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 12, a resident of Ada County, State of Idaho, was convicted of a sexual offense in Nez Perce County, State of Idaho in His offense was not considered aggravated until July 1, 2009, fourteen years after the conviction date. John Doe 12 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 15. Plaintiff, John Doe 13, is a resident of Ada County, State of Idaho. In February, 1990, John Doe 13 was convicted in Canyon County, State of Idaho, of Lewd Conduct with a Minor Child Under 16 Years of Age, to-wit the age of 10 years, a felony. He was sentenced to seven (7) years at the Idaho State Board of Corrections, State of Idaho. John Doe 13 was to serve a minimum of three (3) years followed by an indeterminate period of four (4) years. However this sentence was suspended and John

18 Doe 13 was placed on probation for a period of seven (7) years. John Doe 13 was advised that he must register as a sex offender in At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. In January, 1996, John Doe 13 was placed on unsupervised probation and in April of the same year, was discharged from probation. During probation, John Doe 13 completed a sex offender treatment program with Dr. Stoner in Ada County, State of Idaho. Based on the above-cited facts, John Doe 13 would have had standing to petition to be released from registration requirements in January, 2006, at the latest and February, 2000, at the earliest. Because of the ex post facto amendments in effect from July 1, 2001, where the definition of an aggravated offense now included lewd conduct, when the victim is less than twelve (12) years of age, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 13, a resident of Ada County, State of Idaho, was convicted of a sexual offense in Canyon County, State of Idaho in His offense was not considered aggravated until July 1, 2001, eleven years after the conviction date. John Doe 13 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 16. Plaintiff, John Doe 14, is a resident of Franklin County, State of Idaho. On December 27, 1993, John Doe 14 was convicted in Franklin County, State of Idaho, of Lewd Conduct with a Child Under the Age of 16 Years, to-wit the age of 9 years, a

19 felony. He was sentenced to the custody of the Idaho State Board of Corrections, State of Idaho for a determinate period of five (5) years followed by an indeterminate period not to exceed ten (10) years. However, the Court retained jurisdiction for 180 days. John Doe 14 was placed on probation on July 11, 1994 for a period of five (5) years and began registering as a sex offender. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. While on probation, John Doe 14 completed a sex offender treatment program with ISAT. John Doe 14 was released from probation in December, Based on the above-cited facts, John Doe 14 would have had standing to petition to be released from registration requirements in December, 2009, at the latest and July, 2004, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 14, a resident of Franklin County, State of Idaho, was convicted of a sexual offense in Franklin County, State of Idaho in His offense was not considered aggravated until July 1, 2009, fifteen years after the date of conviction. John Doe 14 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 17. Plaintiff, John Doe 15, is a resident of Minidoka County, State of Idaho. On June 28, 1996, John Doe 15 was convicted in Cassia County, State of Idaho, of Lewd

20 Conduct with a Child Under 16 Years of Age, to-wit the age of 13 years, a felony. He was sentenced to a minimum fixed and determinate period of eighteen (18) months followed by an indeterminate period of up to forty-two (42) months. This sentence was suspended after John Doe 15 successfully completed the Rider program and was placed on probation for a period of forty-eight (48) months. During John Doe 15 s time in Cottonwood, he competed a sex offender treatment program. John Doe 15 began registering in 1996 and, at this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. John Doe 15 was released from probation in June, Based on the above-cited facts, John Doe 15 would have had standing to petition to be released from registration requirements in June, 2010, at the latest and June, 2006, at the earliest. Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of an aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 15, a resident of Minidoka County, State of Idaho, was convicted of a sexual offense in Cassia County, State of Idaho in His offense was not considered aggravated until July 1, 2009, thirteen years after the conviction date. John Doe 15 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 18. Plaintiff, John Doe 16, is a resident of Bannock County, State of Idaho. On

21 January 25, 2002, John Doe 16 was convicted in Bannock County, State of Idaho, of Sexual Abuse of a Child Under 16 Years of Age, to-wit the age of 11 years, a felony. He was sentenced to the Idaho Department of Corrections, State of Idaho for a fixed term of three (3) years followed by an indeterminate term not to exceed seven (7) years. However, this sentence was suspended and John Doe 16 served one (1) year in the Bannock County Jail with work release. On November 18, 2002, John Doe 16 was granted early release from the Bannock County Jail and was placed on probation for a period of ten (10) years. The following day, November 19, 2002, John Doe 16 was required to register as a sex offender in the State of Idaho. At this time, the Release from Registration Requirements stated: any person, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. John Doe 16 completed a sex offender treatment program with Kenneth Lindsey at Southeast Idaho Center for Neurobehavioral and Developmental Disorders on November 11, On December 1, 2009, John Doe 16 was discharged from probation. Based on the above-cited facts, John Doe 16 would have had standing to petition to be released from registration requirements in November Because of the ex post facto amendments in effect from July 1, 2009, where the definition of aggravated offense now included any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen years, he was, and still is foreclosed from ever being

22 removed from the sex offender registry. Plaintiff, John Doe 16, a resident of Bannock County, State of Idaho, was convicted of a sexual offense in Bannock County, State of Idaho in His offense was not considered aggravated until July 1, 2009, seven years after the date of conviction. John Doe 16 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 19. Plaintiff, John Doe 17, is a resident of Twin Falls County, State of Idaho. On April 22, 2002, John Doe 17 was convicted in Twin Falls County, State of Idaho, of Sexual Abuse of a Child Under the Age of Sixteen Years, to-wit the age of 7 or 8 years, a felony. He was sentenced to the custody of the Idaho State Board of Corrections, Boise, State of Idaho, for a unified sentence of fifteen (15) years. This was comprised of a minimum period of confinement of two (2) years, followed by an indeterminate period of custody of thirteen (13) years. This sentence was suspended for the first 180 days, and the Court retained jurisdiction. John Doe 17 completed the Rider program and was placed on probation on or about October 28, 2002 for a period of ten (10) years and began registering as a sex offender. At this time, the Release from Registration Requirements stated: any person, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. John Doe 17 completed a sex offender treatment program with McNeil and Associates while on probation and did not violate his

23 probation. John Doe 17 was discharged from probation on or about November 8, Based on the above-cited facts, John Doe 17 would have had standing to petition to be released from registration requirements in October, Because of the ex post facto amendments in effect from July 1, 2009, where the definition of an aggravated offense now included any other offense set forth in section , Idaho Code, if at the time of the commission of the offense the victim was below the age of thirteen years, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 17, a resident of Twin Falls County, Idaho, was convicted of a sexual offense in Twin Falls County, State of Idaho in His offense was not considered aggravated until July 1, 2009, seven years after the conviction date. John Doe 17 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 20. Plaintiff, John Doe 18, is a resident of Lincoln County, State of Idaho. On November 13, 1989, John Doe 18 was convicted in Lincoln County, State of Idaho, of Lewd Conduct with a Minor, to-wit the age of 11 years, a felony. He was sentenced to a determinate period of three (3) years, followed by an indeterminate period of time not to exceed seven (7) years at the Idaho State Board of Corrections, State of Idaho. This sentence was suspended and the Court retained jurisdiction. During this 180 day Rider program, John Doe 18 took part in the sex offender treatment program. In August, 1990, John Doe 18 was placed on supervised probation for a period of five (5) years. In 1993, John Doe 18 was advised that he was required to register as a sex offender. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on

24 probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. John Doe 18 was discharged from probation August 28, Based on the above-cited facts, John Doe 18 would have had standing to petition to be released from registration requirements in August, 2005, at the latest and August, 2000, at the earliest. Because of the ex post facto amendments in effect from July 1, 2001, where the definition of an aggravated offense now included Idaho Code: (lewd conduct, when the victim is less than twelve (12) years of age), he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 18, a resident of Lincoln County, State of Idaho, was convicted of a sexual offense in Lincoln County, State of Idaho in His offense was not considered aggravated until July 1, 2001, twelve years after the conviction date. John Doe 18 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 21. Plaintiff, John Doe 19, is a resident of Twin Falls County, State of Idaho. On September 3, 2002, John Doe 19 was convicted in the County of Twin Falls, State of Idaho of Lewd Conduct with a Minor Child Under the Age of 16 Years, to-wit the age of 15 years, a felony. He was sentenced to the custody of the Idaho State Board of Corrections, State of Idaho for a determinate period of five (5) years followed by an indeterminate period of ten (10) years. However, the Court retained jurisdiction for 180 days and John Doe 19 was placed on probation for a period of fifteen (15) years beginning March 3, At this time, John Doe 19 began registering as a sex offender and the Release from Registration Requirements stated: any person, other than a

25 recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. While on probation, John Doe 19 completed sex offender treatment programs and he was granted early release from probation on April 30, Based on the abovecited facts, John Doe 19 would have had standing to petition to be released from registration requirements in March, Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 19, a resident of Twin Falls County, State of Idaho, was convicted of a sexual offense in Twin Falls County, State of Idaho in His offense was not considered aggravated until July 1, 2009, seven years after the date of conviction. John Doe 19 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 22. Plaintiff, John Doe 20, is a resident of Teton County, State of Idaho. On March 28, 2001, John Doe 20 was convicted in Teton County, State of Idaho of Sexual Abuse of a Child Under 16 Years of Age, to-wit the age of 12 years, a felony. He was sentenced to the custody of the Idaho State Board of Corrections, Sate of Idaho for a determinate period of three (3) years followed by an indeterminate period not to exceed

26 nine (9) years. However, the Court retained jurisdiction for a period of 120 days and John Doe 20 was placed on probation for a period of ten (10) years. At this time John Doe 20 was required to register and, the Release from Registration Requirements stated: any person, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. John Doe 20 completed a sex offender treatment plan with New Beginnings in May, 2004 and was granted early release from probation in November Based on the above-cited facts, John Doe 20 would have had standing to petition to be released from registration requirements in April, Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. In July, 2012, John Doe 20 filed a Petition for Release from Registration Requirements and Expungement and other required documents, however, he was soon advised that the State would appeal his release. John Doe 20 then abandoned this attempt. Plaintiff, John Doe 20, a resident of Teton County, State of Idaho, was convicted of a sexual offense in Teton County, State of Idaho in John Doe 20 s offense was not considered aggravated until July 1, 2009, eight years after the conviction date. John Doe 20 is now required to register for life as an aggravated offender on the Idaho Sex

27 Offender Registry. 23. Plaintiff, John Doe 21, is a resident of Twin Falls County, State of Idaho. On May 29, 2001, John Doe 21 was convicted in Twin Falls County, State of Idaho, of Lewd Conduct with a Minor Child Under the Age of 16 Years, to-wit the age of 14 years, a felony. He was sentenced to a fixed minimum period of three (3) years followed by an indeterminate period of seven (7) years at the Idaho State Board of Corrections, State of Idaho. However, this sentence was suspended and John Doe 21 was placed on supervised probation for a period of four (4) years beginning on July 9, John Doe 21 began registering as a sex offender in July 2001 and at this time, the Release from Registration Requirements stated: Any person, other than a recidivist, an offender who has been convicted of an aggravated offense, or an offender designated as a violent sexual predator, may, after a period of ten (10) years from the date the person was released from incarceration or placed on parole, supervised release or probation, whichever is greater, petition the district court for a show cause hearing to determine whether the person shall be exempted from the duty to register as a sexual offender. While on probation John Doe 21 completed a sex offender treatment program with Gail Ater and was released from probation on July 11, Based on the above-cited facts, John Doe 21 would have had standing to petition to be released from registration requirements in July, Because of the ex post facto amendments in effect from July 1, 2009, where a section of the definition of aggravated offense was changed from lewd conduct, when the victim is less than twelve (12) years of age to lewd conduct, he was, and still is foreclosed from ever being removed from the sex offender registry. Plaintiff, John Doe 21, a resident of Twin Falls County, State of Idaho, was

28 convicted of a sexual offense in Twin Falls County, State of Idaho in His offense was not considered aggravated until July 1, 2009, eight years after the date of conviction. John Doe 21 is now required to register for life as an aggravated offender on the Idaho Sex Offender Registry. 24. Plaintiff, John Doe 22, is a resident of Bonneville County, State of Idaho. On December 18, 1991, John Doe 22 was convicted in Bonneville County, State of Idaho, of Lewd Conduct with a Minor Child Under the Age of 16 Years, to-wit the age of 5 years, a felony. He was sentenced to the custody of the Idaho State Board of Corrections for a period of ten (10) years. This consisted of a fixed determinate period of two (2) years followed by an indeterminate period not to exceed eight (8) years. However, the Court retained jurisdiction for a period of 120 days and at the Review Hearing on or about February 13, 1992, John Doe 22 was placed in the custody of the Idaho State Board of Corrections for his original sentence. John Doe 22 served two (2) years and was released on parole in 1994 and began registering as a sex offender. At this time, the Idaho legislature had enacted the Sex Offender Registration Act. C. 155, 1, 1993 Idaho Sess. Laws 391, This act required sex offenders to register while on probation and for a period of ten (10) years after the date of discharge from probation, parole or release from incarceration, whichever is greater.. While on parole, John Doe 22 completed a sex offender treatment program and on November 20, 2001, John Doe 22 was released from parole. Based on the above-cited facts, John Doe 22 would have had standing to petition to be released from registration requirements in November, 2011, at the latest and February, 2004, at the earliest. Because of the ex post facto amendments in effect from July 1, 2001, an offender who committed an aggravated offense was excluded from