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S1043aa..............................................by JUDICIARY AND RULES SEXUAL PREDATORS - NOTICE - Amends existing law to provide that notification of the Sexual Offender Classification Board's designation of an offender as a violent sexual predator will be served on the offender within ten working days of the designation and will be served on the sheriff in accordance with the offender's status. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Jud 02/06 Rpt out - to 14th Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/05 2nd rdg - to 3rd rdg as amen 03/08 3rd rdg as amen - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Deide, King-Barrutia Floor Sponsor -- Davis Title apvd - to House 03/09 House intro - 1st rdg - to Jud 03/22 Rpt out - rec d/p - to 2nd rdg as amen 03/23 2nd rdg - to 3rd rdg as amen 03/28 3rd rdg as amen - PASSED - 67-0-3 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young(Young), Mr. Speaker NAYS -- None Absent and excused -- Kellogg, Pischner, Wood Floor Sponsor -- Montgomery Title apvd - to Senate 03/29 To enrol Rpt enrol - Pres signed 03/30 Sp signed - to Governor 04/02 Governor signed Session Law Chapter 286 Effective: 01/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1043 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 THAT NOTIFICATION OF THE SEXUAL 4 OFFENDER CLASSIFICATION BOARD'S DESIGNATION OF AN OFFENDER AS A VIOLENT 5 SEXUAL PREDATOR WILL BE SERVED UPON THE OFFENDER WITHIN TEN WORKING DAYS 6 OF THE DESIGNATION AND UPON THE APPROPRIATE SHERIFF AS SOON AS THE 7 OFFENDER'S RESIDENCE INFORMATION IS MADE AVAILABLE; DECLARING AN EMERGENCY 8 AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-8319, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep- 13 tion identified in section 18-8320, Idaho Code, the offender and the sheriff 14 of the county in which the offender resides or intends to reside upon release 15 shall be notified by the board that an offender has been designated as a vio- 16 lent sexual predator. This notice shall be in the form of the board's written 17 findings. 18 (2) The board shall serve a copy of its written findings to the offender 19at the same time the board serves the copy to the sheriffwithin ten (10) 20 working days of the date that designation has been made. Service of the writ- 21 ten findings will be made upon the appropriate sheriff as soon as residence 22 information is made available. 23 (3) The board's notice to the offender shall also inform the offender: 24 (a) That the offender may challenge the designation as a violent sexual 25 predator by judicial review; 26 (b) That unless application is made to the court of the county in which 27 the offender resides or intends to reside on or before the date set forth 28 in the notice, which shall be no more than fourteen (14) calendar days 29 after the notice is given, the offender shall be deemed to have waived the 30 right to challenge the designation; 31 (c) That the offender has the right to retain counsel and that counsel 32 will be provided by the court if the offender cannot afford counsel; and 33 (d) How such application should be made if counsel is not retained. If 34 counsel is not retained, a simple letter delivered to the courthouse in 35 the county of the offender's residence, which encloses a copy of the 36 board's written findings and indicates the offender's objection or dis- 37 agreement with it, shall suffice. 38 (4) Upon determining that the offender has not received the board's 39 notice pursuant to this section, the board shall notify the sheriff of the 40 county in which the offender resides. This notice shall be in writing and 41 shall be delivered in a manner which will ensure receipt by the sheriff. Upon 42 request of the board, the sheriff may personally serve the offender with the 43 board's notice, or the sheriff may verify the offender's address and advise 2 1 the board in order that notice may once again be served. If, after the second 2 attempt to serve the offender, the board or sheriff determines that the 3 offender has evaded service or attempted to evade service, the matter shall be 4 referred for prosecution pursuant to section 18-8311(3), Idaho Code. 5 SECTION 2. An emergency existing therefor, which emergency is hereby 6 declared to exist, this act shall be in full force and effect on and after its 7 passage and approval, and retroactively to January 1, 2001.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Davis Seconded by Stegner IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1043 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 21, delete "appropriate"; in lines 3 21 and 22, delete "as soon as residence information is made available" and 4 insert: "in accordance with the offender's status. 5 (a) Notice shall be served upon the sheriff of the county in which the 6 offender resides within ten (10) working days of the date that designation 7 has been made, if the offender is not incarcerated. 8 (b) If the offender is awaiting release from incarceration, notice shall 9 be made upon the sheriff of the county in which the offender intends to 10 reside no less than seven (7) days prior to the offender's release. 11 (c) In the event the offender has not specified a residence plan prior to 12 his release, notice shall be made upon the sheriff of the county in which 13 the offender is released from incarceration, and upon the sheriff of the 14 county in which the offender initially resides and registers after 15 release". 16 CORRECTION TO THE TITLE 17 On page 1, in line 6, delete "APPROPRIATE"; and in lines 6 and 7, delete 18 "AS SOON AS THE OFFENDER'S RESIDENCE INFORMATION IS MADE AVAILABLE" and 19 insert: "IN ACCORDANCE WITH THE OFFENDER'S STATUS".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1043, As Amended 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 THAT NOTIFICATION OF THE SEXUAL 4 OFFENDER CLASSIFICATION BOARD'S DESIGNATION OF AN OFFENDER AS A VIOLENT 5 SEXUAL PREDATOR WILL BE SERVED UPON THE OFFENDER WITHIN TEN WORKING DAYS 6 OF THE DESIGNATION AND UPON THE SHERIFF IN ACCORDANCE WITH THE OFFENDER'S 7 STATUS; DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 18-8319, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 18-8319. NOTICE OF THE BOARD'S DETERMINATION. (1) Subject to the excep- 12 tion identified in section 18-8320, Idaho Code, the offender and the sheriff 13 of the county in which the offender resides or intends to reside upon release 14 shall be notified by the board that an offender has been designated as a vio- 15 lent sexual predator. This notice shall be in the form of the board's written 16 findings. 17 (2) The board shall serve a copy of its written findings to the offender 18at the same time the board serves the copy to the sheriffwithin ten (10) 19 working days of the date that designation has been made. Service of the writ- 20 ten findings will be made upon the sheriff in accordance with the offender's 21 status. 22 (a) Notice shall be served upon the sheriff of the county in which the 23 offender resides within ten (10) working days of the date that designation 24 has been made, if the offender is not incarcerated. 25 (b) If the offender is awaiting release from incarceration, notice shall 26 be made upon the sheriff of the county in which the offender intends to 27 reside no less than seven (7) days prior to the offender's release. 28 (c) In the event the offender has not specified a residence plan prior to 29 his release, notice shall be made upon the sheriff of the county in which 30 the offender is released from incarceration, and upon the sheriff of the 31 county in which the offender initially resides and registers after 32 release. 33 (3) The board's notice to the offender shall also inform the offender: 34 (a) That the offender may challenge the designation as a violent sexual 35 predator by judicial review; 36 (b) That unless application is made to the court of the county in which 37 the offender resides or intends to reside on or before the date set forth 38 in the notice, which shall be no more than fourteen (14) calendar days 39 after the notice is given, the offender shall be deemed to have waived the 40 right to challenge the designation; 41 (c) That the offender has the right to retain counsel and that counsel 42 will be provided by the court if the offender cannot afford counsel; and 43 (d) How such application should be made if counsel is not retained. If 2 1 counsel is not retained, a simple letter delivered to the courthouse in 2 the county of the offender's residence, which encloses a copy of the 3 board's written findings and indicates the offender's objection or dis- 4 agreement with it, shall suffice. 5 (4) Upon determining that the offender has not received the board's 6 notice pursuant to this section, the board shall notify the sheriff of the 7 county in which the offender resides. This notice shall be in writing and 8 shall be delivered in a manner which will ensure receipt by the sheriff. Upon 9 request of the board, the sheriff may personally serve the offender with the 10 board's notice, or the sheriff may verify the offender's address and advise 11 the board in order that notice may once again be served. If, after the second 12 attempt to serve the offender, the board or sheriff determines that the 13 offender has evaded service or attempted to evade service, the matter shall be 14 referred for prosecution pursuant to section 18-8311(3), Idaho Code. 15 SECTION 2. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE RS 10542 When a sex offender has been reviewed by the Sexual Offender Classification Board and subsequently designated as a violent sexual predator, notice of the board's decision is served on the offender and the sheriff of the county in which the offender resides or intends to reside upon release from prison. Statute mandates this notice to be served on the offender and sheriff at the same time. This practice is frequently impossible or impractical to accomplish. It is the board's goal to review incarcerated offenders up to 6 months prior to their scheduled release. Occasions arise where the offender has made no release plan at the time of the board's review. It serves no purpose to notify a sheriff of the county in which an offender is incarcerated, as the designation only applies to individuals when they are living in the community. This proposal modifies the language to direct the notice to be served to the offender within 10 working days of the designation and notice sent to the appropriate sheriff as soon as residence information is made available. FISCAL NOTE No impact on state or local funds is anticipated from this change. CONTACT Name: Kathy Baird,Department of Correction Phone: 658-2149 Statement of Purpose/Fiscal Note S1043