Current as of: 2010
(1) Subject to the exception identified in section 18-8320 , Idaho Code, the offender and the sheriff of the county in which the offender resides or intends to reside upon release shall be notified by the board that an offender has been designated as a violent sexual predator. This notice shall be in the form of the board’s written findings.
(2) The board shall serve a copy of its written findings to the offender within ten (10) working days of the date that designation has been made. Service of the written findings will be made upon the sheriff in accordance with the offender’s status.
(a) Notice shall be served upon the sheriff of the county in which the offender resides within ten (10) working days of the date that designation has been made, if the offender is not incarcerated.
(b) If the offender is awaiting release from incarceration, notice shall be made upon the sheriff of the county in which the offender intends to reside no less than seven (7) days prior to the offender’s release.
(c) In the event the offender has not specified a residence plan prior to his release, notice shall be made upon the sheriff of the county in which the offender is released from incarceration, and upon the sheriff of the county in which the offender initially resides and registers after release.
(3) The board’s notice to the offender shall also inform the offender:
(a) That the offender may challenge the designation as a violent sexual predator by judicial review;
(b) That unless application is made to the applicable district court on or before the date set forth in the notice, which shall be no more than fourteen (14) calendar days after the notice is given, the offender shall be deemed to have waived the right to challenge the designation;
(c) The applicable district court shall be determined as:
(i) The county in which the offender resides if the offender has been released from incarceration; or
(ii) The county in which the offender intends to reside if the offender has not been released from incarceration; or
(iii) If the offender intends to reside in another state, territory, commonwealth or other jurisdiction of the United States immediately upon release from incarceration, the county in which the offender was most recently convicted of an offense as listed in section 18-8314 , Idaho Code;
(d) That the offender has the right to retain counsel and that counsel will be provided by the court if the offender cannot afford counsel; and
(e) How such application should be made if counsel is not retained. If counsel is not retained, notice filed with the district court in the applicable county, which encloses a copy of the board’s written findings and indicates the offender’s objection or disagreement with it, shall suffice.
(4) Upon determining that the offender has not received the board’s notice pursuant to this section, the board shall notify the sheriff of the county in which the offender resides. This notice shall be in writing and shall be delivered in a manner which will ensure receipt by the sheriff. Upon request of the board, the sheriff may personally serve the offender with the board’s notice, or the sheriff may verify the offender’s address and advise the board in order that notice may once again be served. If, after the second attempt to serve the offender, the board or sheriff determines that the offender has evaded service or attempted to evade service, the matter shall be referred for prosecution pursuant to section 18-8311 (3), Idaho Code.
Questions & Answers: Sex Offender Registration
Idaho Laws: Sex Offender Registration
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