Idaho Supreme Court Finds VSP Process Unconstitutional

Today in Smith v. State, the Idaho Supreme Court found that the statutory process for designating a person a Violent Sexual Predator was unconstitutional. In regards to the Sexual Offender Classification Board's proceedures, the Court found that "there are significant constitutional shortcomings in the statutory procedure as a result of the lack of procedural due process afforded an offender." In addition, the Court found that the process utilized in the district court to review the SOCB's designation did not cure the defects in the initial proceedings. Finally, the Court held that even if these issues hadn't been preserved at the distirct court level, Mr. Smith could assert ineffective assistance of counsel for the first time on appeal because Idaho does not have another procedure to raise such a claim in regards to a VSP designation.

UPDATE: Here is a link to the opinion: http://www.isc.idaho.gov/opinions/Smith33254Amnd.pdf