2000 Legislation
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SENATE BILL NO. 1321 – Violent sex predator/notice/service


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Daily Data Tracking History

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
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1321
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  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
  1    1, 2000.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

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