HOUSE BILL NO. 537
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H0537................................by JUDICIARY, RULES AND ADMINISTRATION
SEXUAL OFFENDERS - Amends existing law relating to sexual offenders to
provide for split sentences for specified sexual offenders; to provide for
commutation of sentence for certain sexual offenders; to revise
verification of address provisions relating to violent sexual predators;
and to provide for mandatory electronic monitoring by the Department of
Correction for violent sexual predators on probation or parole.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 537
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO SEXUAL OFFENDERS; AMENDING CHAPTER 3, TITLE 18, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 18-318, IDAHO CODE, TO PROVIDE FOR SPLIT SEN-
4 TENCES FOR SPECIFIED SEXUAL OFFENDERS AND TO PROVIDE FOR COMMUTATION OF
5 SENTENCE FOR CERTAIN SEXUAL OFFENDERS; AMENDING SECTION 18-8308, IDAHO
6 CODE, TO REVISE VERIFICATION OF ADDRESS PROVISIONS RELATING TO VIOLENT
7 SEXUAL PREDATORS; AMENDING CHAPTER 83, TITLE 18, IDAHO CODE, BY THE ADDI-
8 TION OF A NEW SECTION 18-8322A, IDAHO CODE, TO PROVIDE FOR MANDATORY ELEC-
9 TRONIC MONITORING BY THE DEPARTMENT OF CORRECTION FOR VIOLENT SEXUAL
10 PREDATORS ON PROBATION OR PAROLE; AND DECLARING AN EMERGENCY.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 3, Title 18, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 18-318, Idaho Code, and to read as follows:
15 18-318. SPLIT SENTENCE -- OFFENDERS SUBJECT TO SEXUAL OFFENDER REGISTRA-
16 TION ACT. In the event an offender is convicted of an offense listed in sec-
17 tion 18-8304, Idaho Code, the court shall impose a split sentence for the
18 offender if the court imposes a term of years rather than life imprisonment
19 without the possibility of parole. In the event an offender is placed on pro-
20 bation or released from custody on parole, the remaining portion of the split
21 sentence imposed by the court shall extend for the duration of the offender's
22 natural life, subject to commutation by the court for any offender not classi-
23 fied as a violent sexual predator pursuant to the provisions of chapter 83,
24 title 18, Idaho Code.
25 SECTION 2. That Section 18-8308, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 18-8308. VERIFICATION OF ADDRESS OF VIOLENT SEXUAL PREDATOR. (1) The
28 address or physical residence of an offender designated as a violent sexual
29 predator shall be verified by the department every ninety (90) days on a
30 monthly basis between annual registrations.
31 (2) The procedure for verification shall be as follows:
32 (a) The department shall mail a nonforwardable notice of address verifi-
33 cation quarterly, between annual registrations, on or before the fifth day
34 of each month to each offender designated as a violent sexual predator.
35 (b) Each offender designated as a violent sexual predator shall complete,
36 sign and return the notice of address verification form to the department
37 within ten (10) days of the mailing date of the notice.
38 (c) If the notice of address verification is returned to the department
39 as not delivered, the department shall notify the sheriff with whom the
40 offender designated as a violent sexual predator last registered.
1 SECTION 3. That Chapter 83, Title 18, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 18-8322A, Idaho Code, and to read as follows:
4 18-8322A. MANDATORY ELECTRONIC MONITORING. All offenders classified as
5 violent sexual predators under this chapter and on probation or parole shall
6 be subject to mandatory electronic monitoring by the department of correction.
7 SECTION 4. An emergency existing therefor, which emergency is hereby
8 declared to exist, this act shall be in full force and effect on and after its
9 passage and approval.
STATEMENT OF PURPOSE
This legislation creates a new section that would require the
court at sentencing, when sentencing an offender for a crime that
requires a violent sexual offender registration, to impose a
split sentence that would allow for lifetime supervision on
probation or parole. Additionally this legislation changes the
verification of address of violent sexual predators to every 30
days. Lastly, this change would require electronic monitoring
for all violent sexual predators on probation or parole.
This supervision would require one probation and parole officer
at an annual cost of $58,000. This includes personnel cost and
operating expenditures. The cost to subject the violent sexual
offenders to electronic monitoring would be approximately $65,700
Name: Rep. Jim Clark
STATEMENT OF PURPOSE/FISCAL NOTE H 537