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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 - 2001
IN 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