2001 Legislation
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HOUSE BILL NO. 181 – Violent sexual predator, designatn


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Daily Data Tracking History

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
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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 181
  1                                        AN ACT
  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 / Fiscal Impact

                      STATEMENT OF PURPOSE

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