US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 83
                SEXUAL OFFENDER REGISTRATION NOTIFICATION AND
                         COMMUNITY RIGHT-TO-KNOW ACT
    18-8319.  NOTICE OF THE BOARD'S DETERMINATION. (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.