View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2000
IN 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