HomeMy WebLinkAboutOffender Legal Name ChangeDEPARTMENT
OF
CORRECTION
MANAGEMENT
SERVICES
DIVISION
DIRECTIVE
NUMBER:
120.03.05.001 v2.0
PAGE NUMBER:
1 of 3
SUBJECT:
Offender Legal Name
Change
Adopted: 04/25/00
Revised: 10/2/08
01.00.00. POLICY OF THE DEPARTMENT
It is the policy of the Board of Correction that the Department of Correction develop
procedures to ensure that inmate, probationer and parolee case management files are
consistently maintained in a manner which ensures appropriate confidentiality, accurate
availability of file material for individual case analysis, proper maintenance and retirement;
protects against unauthorized access or removal, provides access and a procedure for
requests for public record.
02.00.00. TABLE OF CONTENTS
01.00.00. POLICY OF THE DEPARTMENT
02.00.00. TABLE OF CONTENTS
03.00.00. REFERENCES
04.00.00. DEFINITIONS
05.00.00. PROCEDURE
05.01.00. Application to court for name change
05.02.00. Court order authorizing name change
05.03.00. Use of Committed Name in all communications
05.04.00. Name change to Idaho Department of Correction Identification Card
03.00.00. REFERENCES
Department Policy 120, Control, Maintenance, and Disposition of Case Management Files
Idaho Code Sections 20-226, 7-801 – 7-805
Malik v. Brown, 16 F.3d 330,334 (9 th Cir. 1994)
04.00.00. DEFINITIONS
AKA: Also known as. Identifies offender name(s) other than the committed name.
Facility Head: The person primarily responsible for overseeing, managing, or o perating a
Department facility.
DIRECTIVE NUMBER:
120.03.05.001 v2.0
SUBJECT: Offender Legal
Name Change
PAGE NUMBER:
2 of 3
Incarceration Period: The period of time from the first court order giving the Idaho
Department of Correction (IDOC) custody, supervision and/or jurisdiction of an offender
until that order and any over-lapping orders gi ving IDOC custody, supervision and/or
jurisdiction are satisfied or upon death of the offender.
Legally Changed Name: The new name changed by order of the court.
Name of Record: The name under which the offender was entered into the Idaho
Department of Correction (IDOC) records system at the beginning of the current
incarceration period.
Offender: A person under the legal care, custody, supervision, or authority of the Board --
including a person within or without the State pursuant to agreement with another state or
contractor.
Official Communication: Any written or verbal communication between an offender and
the department and its staff, contract staff, and volunteers; and any use of the United
States Mail.
05.00.00. PROCEDURE
The legally changed name of an offender who is granted a name change by a court
shall be entered into the Offender Tracking System as an AKA.
05.01.00. Application to C ourt for Name Change
Per Idaho Code Sections 7-801 – 7-805, an offender may apply to a court of comp etent
jurisdiction to change his name. At least ten (10) days prior to submitting an application
for a name change to the court, an offender shall submit a copy of the application to his
facility head.
If the facility head opposes the name change, the facility head should immediately contact
the Office of the Attorney General. The offender shall be notified if the facility head
agrees or disagrees with the name change.
05.02.00. Court Order Authorizing N ame Change
An offender under the jurisdiction of the department who receives an order changing his
name shall submit a copy of the order to the facility head within ten days of the entry of the
order. This copy shall be placed in the offender’s central file. Applicable Offender Tracking
System screens shall be updated to reflect the new legally changed name as an AKA.
DIRECTIVE NUMBER:
120.03.05.001 v2.0
SUBJECT: Offender Legal
Name Change
PAGE NUMBER:
3 of 3
001. If an offender fails to meet the requirements of Idaho Code Sections 7 -801 –
7-805 and this directive as noted in 05.01.00. and 05.02.00., the department
may file a motion to set aside or vacate the order or modify the order.
05.03.00. Use of Committed Name in all Communications
The department shall require an offender who obtains an order changing his name to use
the name under which the offender was committed to the department during all official
communications and in all matters relating to the offender’s incarceration or community
supervision including outgoing and incoming mail. The offender may add the legally
changed name after the committed name by using an AKA designatio n for the legally
changed name.
Any offender having undergone a legal name change within his period of incarceration,
and prior to the effective date of this directive, may petition the facility head to have the
offender records updated to comply with thi s directive.
Staff shall refer to an offender by the offender's committed name in all oral and written
communications.
05.04.00. Name Change to Idaho Department of Correction (IDOC) Identification
Card (ID Card)
An offender may also request that his legally changed name be placed on his IDOC ID
card. The offender will be required to pay the cost of supplies for updating the IDOC ID
card.
Chief, Division of Management Services Date