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H0181................................by JUDICIARY, RULES AND ADMINISTRATION VIOLENT SEXUAL PREDATOR - Amends existing law to designate the courts where certain offenders may apply to challenge designations as violent sexual predators. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Jud 02/16 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/20 3rd rdg - PASSED - 63-0-7 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young NAYS -- None Absent and excused -- Crow, Gagner, Hornbeck, Ridinger, Roberts, Stevenson, Mr. Speaker Floor Sponsor -- Young Title apvd - to Senate 02/21 Senate intro - 1st rdg - to Jud 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth NAYS -- None Absent and excused -- Williams Floor Sponsor -- Richardson Title apvd - to House 03/19 To enrol 03/20 Rpt enrol - Sp signed 03/21 Pres signed - to Governor 03/26 Governor signed Session Law Chapter 200 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 181 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE SEXUAL OFFENDER REGISTRATION ACT; AMENDING SECTION 18-8319, 3 IDAHO CODE, TO DESIGNATE THE COURTS WHERE CERTAIN OFFENDERS MAY APPLY TO 4 CHALLENGE DESIGNATIONS AS VIOLENT SEXUAL PREDATORS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 18-8319, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep- 9 tion identified in section 18-8320, Idaho Code, the offender and the sheriff 10 of the county in which the offender resides or intends to reside upon release 11 shall be notified by the board that an offender has been designated as a vio- 12 lent sexual predator. This notice shall be in the form of the board's written 13 findings. 14 (2) The board shall serve a copy of its written findings to the offender 15 at the same time the board serves the copy to the sheriff. 16 (3) The board's notice to the offender shall also inform the offender: 17 (a) That the offender may challenge the designation as a violent sexual 18 predator by judicial review; 19 (b) That unless application is made to the district court of the county 20 in which the offender resides if the offender has been released from 21 incarceration, or the county where the offender intends to reside if the 22 offender has not been released from incarceration, on or before the date 23 set forth in the notice, which shall be no more than fourteen (14) calen- 24 dar days after the notice is given, the offender shall be deemed to have 25 waived the right to challenge the designation; 26 (c) That the offender has the right to retain counsel and that counsel 27 will be provided by the court if the offender cannot afford counsel; and 28 (d) How such application should be made if counsel is not retained. If 29 counsel is not retained, a simple letter delivered to the courthouse in 30 the county of the offender's residence, which encloses a copy of the 31 board's written findings and indicates the offender's objection or dis- 32 agreement with it, shall suffice. 33 (4) Upon determining that the offender has not received the board's 34 notice pursuant to this section, the board shall notify the sheriff of the 35 county in which the offender resides. This notice shall be in writing and 36 shall be delivered in a manner which will ensure receipt by the sheriff. Upon 37 request of the board, the sheriff may personally serve the offender with the 38 board's notice, or the sheriff may verify the offender's address and advise 39 the board in order that notice may once again be served. If, after the second 40 attempt to serve the offender, the board or sheriff determines that the 41 offender has evaded service or attempted to evade service, the matter shall be 42 referred for prosecution pursuant to section 18-8311(3), Idaho Code.
STATEMENT OF PURPOSE RS10830 This bill amends section 18-8319(3) (b), Idaho Code, which authorizes an appeal by a person who has been designated a violent sexual predator, to clarify the county where the appeal may be heard. Pursuant to section 18-8314, Idaho Code, a sex offender classification board is required to review persons who have been convicted of certain sex crimes to determine whether the offender should be designated as a violent sexual predator presenting a high risk of reoffense. In section 18-8319(3) (b), Idaho Code, the board is required to inform the offender that he may seek judicial review of its determination in "the county court in which the offender resides or intends to reside . . ." It is believed that the intent of this language is to provide that the court hearing on the appeal will be held in the district court of the county where the offender resides only if the offender has been released from prison, otherwise the county where the offender intends to reside when he is released from prison. This bill carries out this legislative policy. FISCAL NOTE It is not anticipated that this bill will have a measurable impact on state or local funds. Contact Person: Representative Gary Young (208) 332-1000 Statement of Purpose/Fiscal Note H 18