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S1321................................................by JUDICIARY AND RULES VIOLENT SEXUAL PREDATOR - Amends existing law to provide for local law enforcement assistance in serving the violent sexual predator notice or verifying an offender's residence. 01/27 Senate intro - 1st rdg - to printing 01/28 Rpt prt - to Jud 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/16 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Branch, Sorensen Floor Sponsor - Sorensen Title apvd - to House 02/17 House intro - 1st rdg - to Jud 03/30 Rpt out - rec d/p - to 2nd rdg 03/31 2nd rdg - to 3rd rdg 04/04 3rd rdg - PASSED - 66-0-4 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Clark, Ellsworth, Henbest, Mr Speaker Floor Sponsor - Judd Title apvd - to enrol 04/04 To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/12 Governor signed Session Law Chapter 237 Effective: 07/01/00
S1321|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1321 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE SEXUAL OFFENDER REGISTRATION AND NOTIFICATION ACT; AMENDING 3 SECTION 18-8319, IDAHO CODE, TO PROVIDE FOR LAW ENFORCEMENT ASSISTANCE IN 4 SERVING THE VIOLENT SEXUAL PREDATOR NOTICE OR VERIFYING AN OFFENDER'S RES- 5 IDENCE; AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8319, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep- 10 tion identified in section 18-8320, Idaho Code, the offender and the sheriff 11 of the county in which the offender resides or intends to reside upon release 12 shall be notified by the board that an offender has been designated as a vio- 13 lent sexual predator. This notice shall be in the form of the board's written 14 findings. 15 (2) The board shall serve a copy of its written findings to the offender 16 at the same time the board serves the copy to the sheriff. 17 (3) The board's notice to the offender shall also inform the offender: 18 (a) That the offender may challenge the designation as a violent sexual 19 predator by judicial review; 20 (b) That unless application is made to the court of the county in which 21 the offender resides or intends to reside on or before the date set forth 22 in the notice, which shall be no less than fourteen (14) calendar days 23 after the notice is given, the offender shall be deemed to have waived the 24 right to challenge the designation; 25 (c) That the offender has the right to retain counsel and that counsel 26 will be provided by the court if the offender cannot afford counsel; and 27 (d) How such application should be made if counsel is not retained. If 28 counsel is not retained, a simple letter delivered to the courthouse in 29 the county of the offender's residence, which encloses a copy of the 30 board's written findings and indicates the offender's objection or dis- 31 agreement with it, shall suffice. 32 (4) Upon determining that the offender has not received the board's 33 notice pursuant to this section, the board shall notify the sheriff of the 34 county in which the offender resides. This notice shall be in writing and 35 shall be delivered in a manner which will ensure receipt by the sheriff. Upon 36 request of the board, the sheriff may personally serve the offender with the 37 board's notice, or the sheriff may verify the offender's address and advise 38 the board in order that notice may once again be served. If, after the second 39 attempt to serve the offender, the board or sheriff determines that the 40 offender has evaded service or attempted to evade service, the matter shall be 41 referred for prosecution pursuant to section 18-8311(3), Idaho Code. 42 SECTION 2. This act shall be in full force and effect on and after July 2 1 1, 2000.
STATEMENT OF PURPOSE RS09445 Since the Sexual Offender Classification Board was established in July 1998, it has reviewed andclassified as violent sexual predators approximately 10 offenders. All but one notice of theboard's determination, which is sent via US Mail certified, return receipt requested, has beenreturned to the board as undeliverable, addressee unknown. It is felt that some of these offenders are intentionally evading service of the notice while others are discharging from prison to shelters with no means of receiving mail. This legislation would enlist the assistance of law enforcement to, upon request, serve the offender with the board's notice or to verify the offender's address and advise the board in order that the notice may once again be mailed. FISCAL NOTE No impact on state or local funds is anticipated for service of the classification notice. CONTACT Name: Kathy Baird Agency: Department of Correction Phone: 658-2149 Statement of Purpose/Fiscal Impact S1321