2006 Legislation
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HOUSE BILL NO. 537 – Sexual offenders, split sentence

HOUSE BILL NO. 537

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Bill Status



H0537................................by JUDICIARY, RULES AND ADMINISTRATION
SEXUAL OFFENDERS - Amends existing law relating to sexual offenders to
provide for split sentences for specified sexual offenders; to provide for
commutation of sentence for certain sexual offenders; to revise
verification of address provisions relating to violent sexual predators;
and to provide for mandatory electronic monitoring by the Department of
Correction for violent sexual predators on probation or parole.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 537
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SEXUAL OFFENDERS; AMENDING CHAPTER 3, TITLE 18, IDAHO CODE, BY THE
  3        ADDITION OF A NEW SECTION 18-318, IDAHO CODE, TO PROVIDE  FOR  SPLIT  SEN-
  4        TENCES  FOR  SPECIFIED  SEXUAL OFFENDERS AND TO PROVIDE FOR COMMUTATION OF
  5        SENTENCE FOR CERTAIN SEXUAL OFFENDERS;  AMENDING  SECTION  18-8308,  IDAHO
  6        CODE,  TO  REVISE  VERIFICATION  OF ADDRESS PROVISIONS RELATING TO VIOLENT
  7        SEXUAL PREDATORS; AMENDING CHAPTER 83, TITLE 18, IDAHO CODE, BY THE  ADDI-
  8        TION OF A NEW SECTION 18-8322A, IDAHO CODE, TO PROVIDE FOR MANDATORY ELEC-
  9        TRONIC  MONITORING  BY  THE  DEPARTMENT  OF  CORRECTION FOR VIOLENT SEXUAL
 10        PREDATORS ON PROBATION OR PAROLE; AND DECLARING AN EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Chapter 3, Title 18, Idaho Code,  be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 18-318, Idaho Code, and to read as follows:
                                                                        
 15        18-318.  SPLIT SENTENCE -- OFFENDERS SUBJECT TO SEXUAL OFFENDER  REGISTRA-
 16    TION  ACT.  In the event an offender is convicted of an offense listed in sec-
 17    tion 18-8304, Idaho Code, the court shall impose  a  split  sentence  for  the
 18    offender  if  the  court imposes a term of years rather than life imprisonment
 19    without the possibility of parole. In the event an offender is placed on  pro-
 20    bation  or released from custody on parole, the remaining portion of the split
 21    sentence imposed by the court shall extend for the duration of the  offender's
 22    natural life, subject to commutation by the court for any offender not classi-
 23    fied  as  a  violent sexual predator pursuant to the provisions of chapter 83,
 24    title 18, Idaho Code.
                                                                        
 25        SECTION 2.  That Section 18-8308, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        18-8308.  VERIFICATION  OF  ADDRESS  OF  VIOLENT  SEXUAL PREDATOR. (1) The
 28    address or physical residence of an offender designated as  a  violent  sexual
 29    predator  shall  be  verified  by  the department every ninety  (90) days on a
 30    monthly basis between annual registrations.
 31        (2)  The procedure for verification shall be as follows:
 32        (a)  The department shall mail a nonforwardable notice of address  verifi-
 33        cation quarterly, between annual registrations, on or before the fifth day
 34        of each month to each offender designated as a violent sexual predator.
 35        (b)  Each offender designated as a violent sexual predator shall complete,
 36        sign  and return the notice of address verification form to the department
 37        within ten (10) days of the mailing date of the notice.
 38        (c)  If the notice of address verification is returned to  the  department
 39        as  not  delivered,  the department shall notify the sheriff with whom the
 40        offender designated as a violent sexual predator last registered.
                                                                        
                                           2
                                                                        
                                                                        
  1        SECTION 3.  That Chapter 83, Title 18, Idaho Code, be,  and  the  same  is
  2    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  3    ignated as Section 18-8322A, Idaho Code, and to read as follows:
                                                                        
  4        18-8322A.  MANDATORY ELECTRONIC MONITORING. All  offenders  classified  as
  5    violent  sexual  predators under this chapter and on probation or parole shall
  6    be subject to mandatory electronic monitoring by the department of correction.
                                                                        
  7        SECTION 4.  An emergency existing  therefor,  which  emergency  is  hereby
  8    declared to exist, this act shall be in full force and effect on and after its
  9    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15555

This legislation creates a new section that would require the
court at sentencing, when sentencing an offender for a crime that
requires a violent sexual offender registration, to impose a
split sentence that would allow for lifetime supervision on
probation or parole.  Additionally this legislation changes the
verification of address of violent sexual predators to every 30
days.  Lastly, this change would require electronic monitoring
for all violent sexual predators on probation or parole.


  
                           FISCAL NOTE

This supervision would require one probation and parole officer
at an annual cost of $58,000.  This includes personnel cost and
operating expenditures.  The cost to subject the violent sexual
offenders to electronic monitoring would be approximately $65,700
annually.




Contact
Name: Rep. Jim Clark 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 537