2001 Legislation
Print Friendly

SENATE BILL NO. 1043 – Sex offender/sexual predator/notice

SENATE BILL NO. 1043

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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
 19    at the same time the board serves the copy to  the  sheriff  within  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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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
 18    at the same time the board serves the copy to  the  sheriff  within  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 / Fiscal Impact


                      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