Idaho Code § 20-516 — Idaho Code / Title 20 / Chapter 5 / Section 20-516
20-516 APPREHENSION AND RELEASE OF JUVENILES — DETENTION.
Status: in_force

20-516. Apprehension and release of juveniles — Detention. (1) A peace officer may take a juvenile into custody, or a private citizen may detain a juvenile until the juvenile can be delivered forthwith into the custody of a peace officer, without order of the court:

(a) When he has reasonable cause to believe that the juvenile has committed an act that would be a misdemeanor or felony if committed by an adult; or

(b) When in the presence of a peace officer or private citizen the juvenile has violated any local, state or federal law or municipal ordinance; or

(c) When there are reasonable grounds to believe the juvenile has committed a status offense. Status offenses are truancy, running away from or being beyond the control of parents, guardian, or legal custodian, alcohol age violations under section 18-1502(e), Idaho Code, and curfew violations. Status offenders shall not be placed in any jail facility, including juvenile detention centers, but instead may be placed in juvenile shelter care facilities, except in the case of runaways, when there is a specific detention request from a foreign jurisdiction to hold the juvenile pending transportation arrangements, and a peace officer may, in his discretion, notify the parent, guardian or legal custodian. In the event of an alcohol age infraction under section 18-1502(e), Idaho Code, the status offense under this section shall be in addition to the infraction.

(2) A peace officer may take a juvenile into custody upon a written order or warrant signed by a judge. The judge may issue the order or warrant after finding that there is reasonable cause to believe that the juvenile comes within the purview of this chapter. Such taking into custody shall not be deemed an arrest. Jurisdiction of the court shall attach from the time the juvenile is taken into custody. When an officer takes a juvenile into custody, he shall notify the parent, guardian or custodian of the juvenile as soon as possible. Unless otherwise ordered by the court, or unless it appears to the officer taking the juvenile into custody that it is contrary to the welfare of society or the juvenile, such juvenile shall be released to the custody of his parent or other responsible adult upon written promise, signed by such person, to bring the juvenile to the court at a stated time. Such written promise shall be submitted to the court as soon as possible. If such person fails to produce the juvenile as agreed, or upon notice from the court, a summons for such person may be issued by the court and a warrant may be issued for apprehension of the juvenile.

(3) A juvenile taken into custody may be fingerprinted and photographed. Any fingerprints and photographs taken shall be forwarded as provided in subsection (8) of this section. If the court finds good cause, it may order any fingerprints and photographs expunged.

(4) When a juvenile is not released, he shall be taken forthwith to the court or place of detention specified by the court. The juvenile shall, not later than twenty-four (24) hours, excluding Saturdays, Sundays and holidays, be brought before the court for a detention hearing to determine where the juvenile will be placed until the next hearing. Status offenders shall not be placed in any jail facility, including juvenile detention centers, but instead may be placed in juvenile shelter care facilities.

Placements may include but are not limited to the following:

(a) Parents of the juvenile;

(b) Relatives of the juvenile;

(c) Foster care;

(d) Group care;

(e) A juvenile detention center, except in the case of a status offender; or

(f) Diversion programs.

(5) The person in charge of a detention center shall give immediate notice to the court that the juvenile is in his custody.

(6) No juvenile shall be held in detention longer than twenty-four (24) hours, excluding Saturdays, Sundays and holidays, unless a petition has been filed and the court has signed the detention order.

(7) As soon as a juvenile is detained by court order, his parents, guardian or legal custodian shall be informed by notice in writing on forms prescribed by the court that they may have a prompt hearing regarding release or detention.

(8) A juvenile taken into detention for an offense shall be fingerprinted and photographed. Fingerprints and photographs taken of juveniles shall be forwarded to the appropriate law enforcement agency and filed with the bureau of criminal identification of the Idaho state police, which shall create a juvenile offender fingerprint file and enter the fingerprint data into the automated fingerprint identification system. If the court finds good cause, it may order the fingerprints and photographs of the juvenile offender expunged.

(9) Peace officers' records of juveniles shall be kept separate from records of adults and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[(20-516) 16-1811, 1963, ch. 319, sec. 11, p. 876; am. 1977, ch. 156, sec. 2, p. 400; am. 1982, ch. 126, sec. 1, p. 362; am. 1984, ch. 81, sec. 8, p. 152; am. 1990, ch. 213, sec. 11, p. 497; am. and redesig. 1995, ch. 44, sec. 17, p. 83; am. 1995, ch. 49, sec. 1, p. 115; am. 1995, ch. 277, sec. 5, p. 932; am. 1996, ch. 259, sec. 1, p. 854; am. 1996, ch. 379, sec. 2, p. 1285; am. 2000, ch. 469, sec. 54, p. 1505; am. 2012, ch. 19, sec. 13, p. 51; am. 2015, ch. 141, sec. 25, p. 405; am. 2016, ch. 344, sec. 3, p. 988; am. 2021, ch. 19, sec. 1, p. 46.]
Idaho Code § 20-407 — Idaho Code / Title 20 / Chapter 4 / Section 20-407
20-407 JURISDICTION OF BOARD.
Status: in_force

20-407. Jurisdiction of board. (1) The jurisdiction of the board of correction may extend to all productive enterprises in the prison facilities.

(2) At each regular meeting of the board, the chairman shall report on the condition of each enterprise.

History:

[20-407, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 5, p. 222; am. 2020, ch. 83, sec. 6, p. 218.]
Idaho Code § 20-549 — Idaho Code / Title 20 / Chapter 5 / Section 20-549
20-549 CURFEW VIOLATIONS — CITATION — NOTIFICATION.
Status: in_force

20-549. Curfew violations — Citation — Notification. Violation by a juvenile offender of a curfew established by a municipal or county ordinance shall constitute an infraction and is punishable by a fine of one hundred fifty dollars ($150). Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. Detention of a juvenile offender in a county jail or detention center for violation of a curfew is prohibited.

Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile's parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile's parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile's appearance. The citation must provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian.

History:

[20-549, added 1998, ch. 391, sec. 1, p. 1196; am. 2000, ch. 74, sec. 2, p. 158; am. 2012, ch. 19, sec. 36, p. 65; am. 2015, ch. 197, sec. 1, p. 607; am. 2021, ch. 19, sec. 4, p. 52.]
Idaho Code § 20-1001 — Idaho Code / Title 20 / Chapter 10 / Section 20-1001
20-1001 DEFINITIONS.
Status: in_force

20-1001. definitions. As used in this chapter, unless the context clearly indicates or requires otherwise, the following terms shall be defined as follows:

(1) "Board" means the state board of correction.

(2) "Commission" means the Idaho commission of pardons and parole, which, in addition to any other duties and powers granted to it by law, shall be the board of pardons as described in section 7, article IV of the constitution of the state of Idaho, with all rights, powers, and authority that are granted to it by the constitution of the state of Idaho.

(3) "Commissioner" means a member of the commission.

(4) "Executive director" means the executive director of the commission.

History:

[20-1001, added 2021, ch. 196, sec. 2, p. 525; am. 2024, ch. 164, sec. 4, p. 624.]
Idaho Code § 20-242A — Idaho Code / Title 20 / Chapter 2 / Section 20-242A
20-242A INMATE INCENTIVE PAY.
Status: in_force

20-242A. Inmate incentive pay. The board of correction is hereby authorized to institute an incentive pay program for those inmates performing work at the direction of the board of correction in jobs not associated with correctional industry employment.

Such compensation, if any, shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance.

Nothing in this section is intended to restore, in whole or in part, the civil rights of any inmate. No inmate compensated under this section shall be considered an employee of the state or the board of correction, nor shall any inmate be eligible for worker's compensation under title 72, Idaho Code, or be entitled to any benefits thereunder whether on behalf of himself or any other person.

History:

[20-242A, added 1970, ch. 16, sec. 1, p. 31; am. 1972, ch. 234, sec. 1, p. 615; am. 2015, ch. 111, sec. 1, p. 279.]
Idaho Code § 20-1003 — Idaho Code / Title 20 / Chapter 10 / Section 20-1003
20-1003 COMPLIANCE WITH OPEN MEETINGS LAW — EXECUTIVE SESSIONS AUTHORIZED — REPORT REQUIRED.
Status: in_force

20-1003. Compliance with open meetings law — Executive sessions authorized — Report required. (1) All meetings and hearings of the commission shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code, except:

(a) An initial review of an application for a request for parole, pardon, commutation or firearm restoration may be held in executive session. The executive session shall be limited to a decision as to whether a hearing should be granted;

(b) When a hearing is granted, it will be conducted in open session. Pursuant to section 74-206, Idaho Code, deliberations and voting concerning the granting, revoking, reinstating or refusing of paroles; the granting or denying of pardons or commutations; or the granting or denying of firearm restorations shall be made in executive session;

(c) Votes of individual commissioners in arriving at the parole, pardon, firearm restoration or commutation decisions shall not be made public, provided that the commission shall maintain a record of the votes of the individual commissioners as required in subsection (3) of this section; and

(d) Meetings of less than a majority of the commission to make decisions concerning the grant or denial of parole or the disposition of parole violations as provided in section 20-1002, Idaho Code.

(2) In order to satisfy the requirements of section 74-203(5), Idaho Code, when the commission meets using telecommunications devices, the executive director may designate an employee of the commission to be present at the physical location of the meeting.

(3) A written record of the vote to grant or deny parole, pardon, firearm restoration or commutation by each commissioner in each case reviewed by that commissioner shall be made by the commission. The record produced by the commission pursuant to this section shall be kept confidential and privileged from disclosure, provided the record shall be made available, upon request, to the governor or the governor's representative, the chairman and most senior minority member of the senate judiciary and rules committee, and the chairman and most senior minority member of the house of representatives judiciary, rules and administration committee for all lawful purposes. All committee members and representatives of the governor's office shall keep such record confidential. Distribution of the report by a commissioner or an employee of the executive director to any person not specifically listed in this section shall be a misdemeanor.

(4) Nothing contained in this section shall prevent any person from obtaining the results of any parole, pardon, firearm restoration or commutation action by the commission without reference to the manner in which any individual commissioner voted, and the commission shall make such information public information.

(5) Nothing contained in this section shall prevent the executive director or designated staff of the executive director from attending any meeting, including an executive session of the commission.

(6) Nothing contained in this section shall prevent the governor, the governor's representative, the chairman and most senior minority member of the senate judiciary and rules committee, and the chairman and most senior minority member of the house of representatives judiciary, rules and administration committee from attending any meeting, including an executive session of the commission.

History:

[(20-1003) 20-213A, added 1986, ch. 59, sec. 1, p. 168; am. 1988, ch. 29, sec. 1, p. 37; am. 1990, ch. 213, sec. 14, p. 499; am. 1992, ch. 278, sec. 1, p. 855; am. 1994, ch. 171, sec. 2, p. 384; am. 2000, ch. 362, sec. 1, p. 1199; am. 2017, ch. 58, sec. 9, p. 105; am. 2017, ch. 182, sec. 2, p. 416; am. 2017, ch. 217, sec. 1, p. 532; am. and redesig. 2021, ch. 196, sec. 4, p. 527; am. 2024, ch. 164, sec. 6, p. 625.]
Idaho Code § 20-539A — Idaho Code / Title 20 / Chapter 5 / Section 20-539A
20-539A DISTRIBUTION AND REPORTING REQUIREMENTS FOR STATE, OTHER PUBLIC AND PRIVATE CONTRACT FACILITIES.
Status: in_force

20-539A. Distribution and reporting requirements for state, other public and private contract facilities. Each facility housing juvenile offenders in department custody, whether a state, other public or private contract facility, shall comply with the following requirements for disbursement and reporting:

(1) State facilities, upon receiving any moneys credited to a juvenile offender in its custody, shall deposit the funds in the juvenile corrections victim restitution fund pursuant to section 20-539, Idaho Code.

(2) Other public or private contract facilities housing juvenile offenders in department custody, upon receiving any moneys credited to or earned by a juvenile offender at the facility, shall directly distribute the moneys on or before the first day of each calendar quarter to the county court that committed the juvenile offender to department custody. Upon remitting moneys to a county on behalf of a juvenile offender, the facility shall report the direct distribution to the department for inclusion in the department's records.

History:

[20-539A, added 2001, ch. 14, sec. 2, p. 16; am. 2012, ch. 19, sec. 32, p. 64.]
Idaho Code § 20-540 — Idaho Code / Title 20 / Chapter 5 / Section 20-540
20-540 REPORTS BY DEPARTMENT.
Status: in_force

20-540. Reports by department. When a juvenile offender has been committed to the department pursuant to this chapter, the department shall supply a report of the juvenile offender's educational and developmental progress to the committing court as often as the court deems necessary in its order of commitment, but not less frequently than every three (3) months.

History:

[(20-540) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 45, p. 97.]
Idaho Code § 20-802 — Idaho Code / Title 20 / Chapter 8 / Section 20-802
20-802 APPLICATION OF CHAPTER.
Status: in_force

20-802. Application of chapter. The provisions of this chapter shall not apply to contracts of the state of Idaho for the housing of inmates in a private prison facility or local government detention facility.

History:

[20-802, added 1998, ch. 360, sec. 1, p. 1124.]
Idaho Code § 20-209E — Idaho Code / Title 20 / Chapter 2 / Section 20-209E
20-209E PRISON DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS.
Status: in_force

20-209E. Prison disciplinary action for frivolous or malicious court proceedings. (1) In any action, whether filed in state, federal or administrative court, in which a prisoner submits a frivolous or malicious claim, or knowingly testifies falsely or otherwise knowingly presents false evidence or information to the court, the prisoner may be subject to prison disciplinary action. Such disciplinary action may be initiated upon the court's finding that:

(a) The prisoner has filed a claim that is frivolous or malicious;

(b) The prisoner filed a claim solely to harass the party;

(c) The prisoner has knowingly testified falsely or otherwise knowingly submitted false evidence or information to the court; or

(d) The prisoner has committed a fraud upon the court.

(2) In the absence of a finding by the court under subsection (1) of this section, and upon review and recommendation by the office of the attorney general, a disciplinary hearing may be held by the appropriate authority at the prison, pursuant to section 5, article X of the constitution of the state of Idaho, to determine whether the prisoner has filed a claim that is malicious or intended solely to harass the party, or has testified falsely or otherwise presented false evidence or information to the court.

(3) Upon a finding of guilt under either subsection (1) or (2) of this section, the prisoner shall be subject to prison disciplinary detention and loss of privileges consistent with established prison disciplinary procedures.

History:

[20-209E, added 1996, ch. 420, sec. 3, p. 1400.]
Idaho Code § 20-616 — Idaho Code / Title 20 / Chapter 6 / Section 20-616
20-616 SHERIFF ANSWERABLE FOR FEDERAL PRISONERS.
Status: in_force

20-616. Sheriff answerable for federal prisoners. A sheriff to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe-keeping in the courts of the United States, according to the laws thereof.

History:

[(20-616) 1863, p. 475, sec. 42; R.S., R.C., & C.L., sec. 8530; C.S., sec. 9420; I.C.A., sec. 20-606.]
Idaho Code § 20-534 — Idaho Code / Title 20 / Chapter 5 / Section 20-534
20-534 MAGISTRATE COURT PROBATION SECTIONS TO FURNISH INFORMATION TO DEPARTMENT.
Status: in_force

20-534. Magistrate court probation sections to furnish information to department. Probation sections of the magistrate division of the district court shall render full and complete cooperation to the department in supplying the department with all pertinent information relating to juvenile offenders committed to the department. This information may include, without limitation, prior criminal history, social history, psychological evaluations, and identifying information specified by the department.

History:

[(20-534) 1989, ch. 155, sec. 9, p. 385; am. and redesig. 1995, ch. 44, sec. 38, p. 95.]
Idaho Code § 20-247 — Idaho Code / Title 20 / Chapter 2 / Section 20-247
20-247 TRANSFER OF PRISONER TO FEDERAL PENAL OR CORRECTIONAL INSTITUTION.
Status: in_force

20-247. Transfer of prisoner to federal penal or correctional institution. Any person committed to the state penitentiary whose presence may be seriously detrimental to the well-being of the state penitentiary or who wilfully and persistently refuses to obey the rules and regulations of the state penitentiary or who is considered an incorrigible inmate may, upon written certification from the state board of correction, be transferred to a federal penal or correctional institution, provided the attorney general of the United States accepts such application and transfer.

History:

[20-247, added 1963, ch. 107, sec. 1, p. 329.]
Idaho Code § 20-809 — Idaho Code / Title 20 / Chapter 8 / Section 20-809
20-809 RIOT, REBELLION, ESCAPE, CRIME OR EMERGENCY SITUATION — NOTICE — REIMBURSEMENT FOR COSTS.
Status: in_force

20-809. Riot, rebellion, escape, crime or emergency situation — Notice — Reimbursement for costs. (1) The private prison contractor, its officers, guards, employees, and agents shall immediately notify the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, along with any other law enforcement or other governmental entities, agencies or personnel which the county or the city may require to be informed, of any riot, rebellion, escape, crime or other emergency situation occurring inside or outside the facility.

(2) In the event of an escape by a prisoner from a private prison facility to which this chapter applies, the private prison contractor must contact the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, and any other governmental entities or agencies which the county or city may require to be informed, upon receiving knowledge of the escape, but may attempt to apprehend the prisoner while the search or pursuit is on the private prison contractor's private property. In the event that the escaping prisoner flees from the private prison contractor's private property, the sheriff of the county, in cooperation with city law enforcement as appropriate, shall organize and have jurisdiction over the pursuit and apprehension of the prisoner.

(3) A private prison contractor shall reimburse Idaho governmental entities for costs incurred by the entities in responding to any riot, rebellion, escape, crime or other emergency situation occurring in or on the grounds of, or otherwise in connection with, the facility. The private prison contractor shall also reimburse Idaho governmental entities for costs incurred by the entities with respect to the investigation, prosecution, detention or appellate litigation, without regard to whether conviction is obtained, of a prisoner charged with a crime resulting from a riot, rebellion, escape or other criminal conduct.

(4) If a prisoner commits a criminal offense while confined in a private prison facility in this state and is convicted of or pleads guilty to that offense and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the prisoner shall be returned to the out-of-state jurisdiction or the out-of-state jurisdiction's private contractor for confinement. The prisoner shall not begin serving the term of confinement imposed for the offense committed while confined in this state until such time as the prisoner is released from the custody of the out-of-state jurisdiction. The private prison contractor or its agent will transport the prisoner, or cause the prisoner to be transported, to the out-of-state jurisdiction. If the prisoner is confined in this state in a facility operated by, or pursuant to a state contract with, the department of correction for any period of time prior to transfer back to the out-of-state jurisdiction, the private contractor will be financially responsible for reimbursing the department at the per diem cost of confinement for the duration of that incarceration. Notwithstanding the provisions of this subsection, any sentence imposed against a prisoner by a court in the state of Idaho may be imposed to run concurrently with any sentence already being served by the prisoner.

History:

[20-809, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec. 8, p. 1189.]
Idaho Code § 20-1018 — Idaho Code / Title 20 / Chapter 10 / Section 20-1018
20-1018 NOTICE OF GRANTED PARDON, COMMUTATION, OR REMISSION OF FINES AND FORFEITURES.
Status: in_force

20-1018. NOTICE OF granted PARDON, COMMUTATION, OR REMISSION OF FINES AND FORFEITURES. When, by action of the commission or the governor, a pardon, commutation, or remission of fines and forfeitures is granted as provided by law, the executive director shall:

(1) Retain an original pardon, commutation, or remission of fines and forfeitures document at the commission;

(2) File a copy of the original pardon, commutation, or remission of fines and forfeitures document in the office of the secretary of state;

(3) Provide an original pardon, commutation, or remission of fines and forfeitures document to the individual petitioner;

(4) File notice with the state courts, in a manner approved by the supreme court, that a pardon, commutation, or remission of fines and forfeitures has been granted in the case; and

(5) Provide such additional notice that a pardon, commutation, or remission of fines and forfeitures has been granted as the commission may adopt by rule.

History:

[(20-1018) 20-240B, added 2020, ch. 60, sec. 1, p. 143; am. and redesig. 2021, ch. 196, sec. 20, p. 536.]
Idaho Code § 20-103 — Idaho Code / Title 20 / Chapter 1 / Section 20-103
20-103 PENITENTIARY INCOME FUND.
Status: in_force

20-103. Penitentiary income fund. There is established in the state treasury the penitentiary income fund. The fund shall consist of all moneys distributed from the penitentiary earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the penitentiary income fund shall be used to benefit the beneficiaries of the penitentiary endowment and distributed to current beneficiaries of the penitentiary endowment pursuant to legislative appropriation.

History:

[20-103 added 1998, ch. 256, sec. 5, p. 829.]
Idaho Code § 20-218 — Idaho Code / Title 20 / Chapter 2 / Section 20-218
20-218 ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES.
Status: in_force

20-218. Annual reports of receipts and expenditures. The state board of correction shall annually submit to the governor and the state budget officer a full, true, and correct report of all moneys received and expended by it for correctional services.

History:

[20-218, added 1947, ch. 53, sec. 18, p. 59; am. 1974, ch. 6, sec. 5, p. 28; am. 1980, ch. 297, sec. 3, p. 769.]
Idaho Code § 20-248 — Idaho Code / Title 20 / Chapter 2 / Section 20-248
20-248 CONTRACT FOR CARE OF TRANSFERRED PRISONER.
Status: in_force

20-248. Contract for care of transferred prisoner. The state board of correction is hereby authorized to contract with the attorney general of the United States or such officer as the Congress may designate under the provisions of title 18, section 5003 of the United States Code, and acts supplementary and amendatory thereof, in each individual case for the care, custody, subsistence, education, treatment and training of any prisoner transferred under the provisions of this act. The contract shall provide for the reimbursement of the United States in full for all costs or other expenses to be paid from the appropriation for the operation of the state penitentiary. The state board of corrections shall affix to such contract a copy of the commitment or commitments under which the prisoner is held and the same along with the contract of transfer shall be sufficient authority for the United States to hold said prisoner on behalf of the state of Idaho.

History:

[20-248, added 1963, ch. 107, sec. 2, p. 329.]
Idaho Code § 20-617 — Idaho Code / Title 20 / Chapter 6 / Section 20-617
20-617 LABOR OF PRISONERS ON PUBLIC WORKS.
Status: in_force

20-617. Labor of prisoners on public works. Persons confined in the county jail under a judgment of conviction, suspended sentence or withheld judgment rendered in any criminal case, either under a judgment of imprisonment or a judgment for the payment of a fine and costs, or persons participating in a diversion program pursuant to section 19-3509, Idaho Code, may be required to perform labor on federal, state or other governmental projects or community service projects.

History:

[(20-617) 1868, p. 90, sec. 1; R.S. & R.C., sec. 8541; am. 1915, ch. 141, p. 298, sec. 1; reen. C.L., sec. 8541; C.S., sec. 9431; am. 1927, ch. 74, sec. 1, p. 93; I.C.A., sec. 20-617; am. 2000, ch. 112, sec. 1, p. 249; am. 2016, ch. 212, sec. 1, p. 597; am. 2019, ch. 305, sec. 10, p. 915.]
Idaho Code § 20-209F — Idaho Code / Title 20 / Chapter 2 / Section 20-209F
20-209F WARRANTS FOR CERTAIN FUGITIVES.
Status: in_force

20-209F. Warrants for certain fugitives. (1) The director of the department of correction or his designee shall have the authority to apply to the magistrates division of the district court of Ada county for a warrant for the arrest, detention and return to custody of any person committed to the custody of the department of correction under a judgment of conviction who, prior to satisfying the full term of his judgment of conviction and sentence, has either:

(a) Escaped or absconded from the custody or supervision of the department; or

(b) Been released for any reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state.

(2) The magistrate shall issue a warrant upon submission by the director or his designee of an affidavit that:

(a) Identifies the person sought;

(b) Demonstrates that such person has been committed to the custody of the department of correction under a judgment of conviction; and

(c) Demonstrates that, prior to satisfying the full term of his judgment of conviction and sentence, the person sought has either:

(i) Escaped or absconded from the custody or supervision of the department; or

(ii) Been released for any other reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state.

(3) Any person who is arrested and detained pursuant to this section shall be ineligible for bond, bail or release on his own recognizance.

(4) Any person arrested and detained pursuant to this section shall have the right to a hearing to confirm that:

(a) He is the person identified in the warrant; and

(b) An unsatisfied portion of his judgment of conviction and sentence remains to be served.

(5) A warrant issued pursuant to this section shall remain in effect until:

(a) The warrant is quashed by order of a court;

(b) The person identified in the warrant is returned to the custody of the department of correction; or

(c) The sentence of the person identified in the warrant is otherwise deemed satisfied.

(6) The issuance of a warrant pursuant to this section shall not negate or interfere with the issuance of warrants under any other provision of law.

(7) A warrant issued pursuant to this section shall be sufficient for any peace officer to arrest, detain and return to the custody of the department of correction any person described in the warrant. It shall be the duty of all peace officers to execute the warrant in the same manner as ordinary process and to return any person arrested pursuant to this section to the custody of the department of correction.

(8) A person who is detained pursuant to a warrant issued under this section may apply for an order quashing the warrant. An action to quash a warrant issued under this section may be brought in Ada county, Idaho or in the county in Idaho in which a person arrested under such a warrant is detained. A warrant issued under this section shall be quashed upon a showing that the person sought or detained is not the person identified in the warrant or that the person's sentence has been completed or has otherwise been deemed satisfied.

History:

[20-209F, added 2002, ch. 130, sec. 2, p. 360.]
Idaho Code § 20-529 — Idaho Code / Title 20 / Chapter 5 / Section 20-529
20-529 APPOINTMENT OF COUNTY PROBATION OFFICERS.
Status: in_force

20-529. Appointment of county probation officers. The courts in the several counties of this state shall enter into a contract or agreement for probation services to the counties or, if the court deems local probation services are preferable, may appoint one (1) or more persons to serve as probation officers at the expense of the county with the concurrence of the county commissioners. County juvenile probation services may be paid for from funds generated by the fees collected pursuant to the provisions of section 20-520, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.

History:

[(20-529) 1963, ch. 319, sec. 20, p. 876; am. 1976, ch. 272, sec. 1, p. 920; am. and redesig. 1995, ch. 44, sec. 30, p. 93; am. 2019, ch. 219, sec. 3, p. 666.]
Idaho Code § 20-507 — Idaho Code / Title 20 / Chapter 5 / Section 20-507
20-507 RETENTION OF JURISDICTION.
Status: in_force

20-507. Retention of jurisdiction. Jurisdiction obtained by the court in the case of a juvenile offender shall be retained by it for the purposes of this act until he becomes twenty-one (21) years of age, unless terminated prior thereto. If a juvenile offender under the jurisdiction of the court and after attaining eighteen (18) years of age, is charged with a felony, he shall be treated as any other adult offender. If a person eighteen (18) years of age or older already under court jurisdiction is convicted of a felony, that conviction shall terminate the jurisdiction of the court, provided however, nothing herein contained shall prohibit any court from proceeding as provided in section 20-508(2), Idaho Code.

History:

[(20-507) 1963, ch. 319, sec. 5, p. 876; am. 1984, ch. 81, sec. 5, p. 151; am. 1989, ch. 155, sec. 3, p. 376; am. and redesig. 1995, ch. 44, sec. 8, p. 77; am. 2012, ch. 19, sec. 7, p. 45.]
Idaho Code § 20-228A — Idaho Code / Title 20 / Chapter 2 / Section 20-228A
20-228A PAROLE SUBPOENA TO ASSIST IN APPREHENDING PAROLE ABSCONDERS.
Status: in_force

20-228A. Parole subpoena to assist in apprehending parole absconders. For the purpose of assisting with apprehending individuals on parole who have absconded and for whom the parole commission has issued a warrant of arrest, the director of the department of correction shall have power to issue a subpoena duces tecum to compel the production of writings, documents or records of any type or form, specifically including those stored or transmitted by any electronic or wireless means. If any person or entity to whom such subpoena is directed refuses to produce the documents, writings or records sought, as directed, within seven (7) days of receipt of the subpoena, the director may apply to the district court of the county where the records are located for an order compelling such person or entity to comply with the subpoena. Failure to obey such order may be punished by the court as a contempt thereof.

History:

[20-228A, added 2004, ch. 296, sec. 1, p. 826.]
Idaho Code § 20-209A — Idaho Code / Title 20 / Chapter 2 / Section 20-209A
20-209A COMPUTATION OF TERM.
Status: in_force

20-209A. Computation of term. When a person is sentenced to the custody of the board of correction, his term of confinement begins from the day of his sentence. The time during which the person is voluntarily absent from the penitentiary, jail, facility under the control of the board of correction, or from the custody of an officer after his sentence, shall not be estimated or counted as a part of the term for which he was sentenced.

History:

[20-209A, added 1970, ch. 143, sec. 7, p. 425; am. 2015, ch. 99, sec. 3, p. 240.]
Idaho Code § 20-209H — Idaho Code / Title 20 / Chapter 2 / Section 20-209H
20-209H DUTY TO ESTABLISH INMATE ACCOUNTS — PAYMENT OF RESTITUTION.
Status: in_force

20-209H. duty to establish inmate accounts — payment of restitution. The state board of correction shall establish an account in the name of each inmate confined in a correctional facility. All moneys in the inmate's possession upon admission, all moneys earned from institutional employment and all moneys received by the inmate from any other source, other than money that is contraband, shall be deposited in the inmate's account. If the court ordered an inmate to make restitution under section 19-5304, Idaho Code, and the restitution is still owing, then twenty percent (20%) of each deposit in the inmate's account shall be paid to the state board of correction who shall, within five (5) days after the end of the month, pay such moneys to the clerk of the court in which the restitution order was entered for payment to the victim. The provisions of this section shall apply to any inmate confined in a correctional facility on or after the effective date of this section.

History:

[20-209H, added 2014, ch. 150, sec. 6, p. 420.]
Idaho Code § 20-804 — Idaho Code / Title 20 / Chapter 8 / Section 20-804
20-804 AUTHORITY OF COUNTY OR CITY TO HOUSE PRISONERS IN A PRIVATE PRISON FACILITY.
Status: in_force

20-804. Authority of county or city to house prisoners in a private prison facility. (1) A board of county commissioners or the governing body of a city may authorize the housing of specific minimum to medium security prisoners of the county or the city in a private prison facility pursuant to contract with the private prison contractor and subject to the review and approval of the prisoners by the department of correction. Provided, however, that in no event shall a board of county commissioners or the governing body of a city authorize, nor shall the department of correction approve, housing of any maximum or close custody prisoners, inmates imprisoned for sexual offenses or prisoners with a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined, or a history or record of escape or attempted escape from secure custody.

(2) A board of county commissioners may not contract with a private prison contractor in which a commissioner or an elected or appointed peace officer or other county official has an interest pursuant to chapter 5, title 74, Idaho Code. The governing body of a city may not contract with a private prison contractor in which the mayor, a member of the city council, or any appointed peace officer or other city official has an interest pursuant to chapter 5, title 74, Idaho Code. A contract made in violation of the provisions of this subsection is voidable.

History:

[20-804, added 1998, ch. 360, sec. 1, p. 1125; am. 2001, ch. 335, sec. 3, p. 1180; am. 2015, ch. 141, sec. 27, p. 407.]
Idaho Code § 20-621 — Idaho Code / Title 20 / Chapter 6 / Section 20-621
20-621 COMMUTATION FOR GOOD BEHAVIOR.
Status: in_force

20-621. Commutation for good behavior. Every person serving a jail sentence in a county jail in the state of Idaho who has a good record as a prisoner and who performs the tasks assigned him in an orderly and peaceable manner, shall upon the recommendation of the sheriff be allowed five (5) days off of each and every month of his sentence, by the magistrate judge.

History:

[(20-621) 1915, ch. 130, p. 287; reen. C.L., sec. 8542e; C.S., sec. 9436; I.C.A., sec. 20-621; am. 1989, ch. 231, sec. 4, p. 561.]
Idaho Code § 20-402 — Idaho Code / Title 20 / Chapter 4 / Section 20-402
20-402 DEFINITIONS.
Status: in_force

20-402. definitions. As used in this chapter:

(1) "Agricultural employer" is as defined in section 44-1601, Idaho Code.

(2) "Agricultural products" is as defined in section 22-2602, Idaho Code.

(3) "Board" means the state board of correction.

(4) "Correctional institution products" means all services and labor provided, goods, wares, and merchandise manufactured or produced wholly or in part, except "hobby-craft" articles, by trainees in the Idaho correctional industries training program.

(5) "Enterprise" means an operation, including services and labor, or a group of closely related operations.

(6) "Telecommunications service" means work, labor, or any other act or practice provided or performed by a trainee by means of a telephone or similar technology to or on behalf of a consumer or private employer.

(7) "Trainee" means an inmate enrolled in an Idaho correctional industries training program.

History:

[20-402, added 1974, ch. 48, sec. 2, p. 1096; am. 2020, ch. 83, sec. 3, p. 217; am. 2022, ch. 88, sec. 1, p. 252.]
Idaho Code § 20-249 — Idaho Code / Title 20 / Chapter 2 / Section 20-249
20-249 TRANSFERRED PRISONER SUBJECT TO TERMS OF ORIGINAL SENTENCE.
Status: in_force

20-249. Transferred prisoner subject to terms of original sentence. Any prisoner transferred under this act shall be subject to the terms of his original sentence or sentences as if he were serving the same within the confines of the Idaho state penitentiary. Nothing herein contained shall deprive such prisoner of his rights to parole or his rights to legal process in the courts of this state.

History:

[20-249, added 1963, ch. 107, sec. 3, p. 329.]
Idaho Code § 20-236 — Idaho Code / Title 20 / Chapter 2 / Section 20-236
20-236 MEMBERS OR EMPLOYEES OF BOARD NOT TO BE INTERESTED IN CONTRACTS — PENALTY FOR VIOLATION.
Status: in_force

20-236. Members or employees of board not to be interested in contracts — Penalty for violation. No member or employee of the state board of correction shall be interested directly or indirectly in any manner in contracts for furnishing the penitentiary or any property used in connection therewith or inmates thereof, any supplies, materials, equipment, or for the use of said institution. Nor shall any officer or employee be permitted to receive in any way perquisites for themselves or family, or any compensation or reward from any contractor or employee or other person. Should any officer or employee violate, or wilfully or negligently fail to observe the provisions and prohibitions of this section, he shall be at once dismissed from office by the state board of correction; and further, upon conviction of such violation by a court of competent jurisdiction, he shall be fined a sum not exceeding $1,000.00 and not less than one month's pay, and shall forfeit his interest in any and all contracts or rewards he may have received or agreed to receive in violation of the provisions of this section.

History:

[20-236, added 1947, ch. 53, sec. 36, p. 59.]
Idaho Code § 20-216 — Idaho Code / Title 20 / Chapter 2 / Section 20-216
20-216 RECORDS, REPORTS AND STATISTICS.
Status: in_force

20-216. Records, reports and statistics. (1) The board shall keep a record of and require reports from all persons on parole or probation and enforce observance of rules and regulations for parole or probation established by the commission or the courts. It shall prepare and publish reports and statistics relating to probation and parole and it shall submit to the governor, at such times as the governor may direct, but at least annually, a full and complete report of the board and its agents, showing the disposition of all cases coming before the board or the commission and such additional information relating thereto as the governor may request.

(2) The board and the department of health and welfare shall submit a joint report to the legislature by January 15 each year analyzing:

(a) The criminogenic needs of the active population of probationers and parolees;

(b) Current funding available to deliver effective, evidence-based programming to address those needs; and

(c) Any gap in funding to meet the treatment needs of all moderate and high-risk probationers and parolees.

(3) By November 15, 2015, and biennially on November 15 thereafter, the board shall develop and deliver a report to the governor and the legislature on the programs to reduce recidivism that are funded by the state. Subject to the availability of moneys, the board may contract with an independent contractor or academic institution for this purpose. The report shall include an evaluation of the quality of each program and its likelihood to reduce recidivism among program participants and shall include a plan for program improvements by the board. The program evaluations shall ensure that treatment programs are delivering services in a way that aligns with the scientifically based research to reduce recidivism. Program evaluation shall be standardized and a validated program assessment tool shall be used. Each program evaluation shall include a site visit and interviews with key staff, interviews with offenders, group observation and file and material review. The information shall be compiled into a composite score indicating adherence to concepts that are linked with program effectiveness, such as program development, program procedures, staff, offender assessment, treatment processes and programs and quality assurance. Program evaluation should also include feedback to the program concerning strengths, weaknesses and recommendations for better adherence to scientifically based research and the principles of effective intervention.

(4) For the purposes of this section:

(a) "Program" means a treatment or intervention program or service that is intended to reduce the propensity of a person to commit crimes or improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services. "Program" does not mean or include an educational program or service that an agency is required to provide to meet educational requirements imposed by state law or a program that provides basic medical services.

(b) "Scientifically based research" means research that obtains reliable and valid knowledge by:

(i) Employing systematic, empirical methods that draw on observation or experiment;

(ii) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; and

(iii) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators.

History:

[20-216, added 1947, ch. 53, sec. 16, p. 59; am. 1969, ch. 419, sec. 4, p. 1160; am. 1980, ch. 297, sec. 2, p. 769; am. 2014, ch. 150, sec. 8, p. 420.]
Idaho Code § 20-412 — Idaho Code / Title 20 / Chapter 4 / Section 20-412
20-412 TRAINING STIPEND — AMOUNT — CREDITING TRAINEES' INMATE ACCOUNTS — CIVIL RIGHTS —
Status: in_force

20-412. training stipend — Amount — Crediting trainees' inmate accounts — Civil rights — trainees not employees. (1) Each trainee engaged in an Idaho correctional industries training program authorized by this chapter may receive for his participation such training stipend as the board shall determine, to be paid out of any funds available in the correctional industries betterment account. Such training stipend, if any, shall be in accordance with a graduated schedule based on knowledge, ability, and skills required for its performance. The training stipend shall be credited to a trainee's inmate account pursuant to section 20-209H, Idaho Code, and as otherwise authorized by law or by rule adopted by the board, and paid from the correctional industries betterment account.

(2) Nothing in this section or in this chapter is intended to restore, in whole or in part, the civil rights of any trainee. No trainee who receives a training stipend under this chapter shall be considered to be an employee of or employed by the state, the board of correction, or any private agricultural employer that is a party to a contract with Idaho correctional industries pursuant to section 20-413A, Idaho Code. No trainee engaged in an Idaho correctional industries training program as authorized by this chapter shall be entitled to worker's compensation benefits or unemployment compensation under this chapter or chapter 13, title 72, Idaho Code, whether on behalf of himself or any other person, except as may be required for training programs certified by the prison industry enhancement certification program.

History:

[20-412, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 10, p. 223; am. 1983, ch. 223, sec. 4, p. 619; am. 2015, ch. 125, sec. 1, p. 318; am. 2020, ch. 83, sec. 9, p. 219.]
Idaho Code § 20-251 — Idaho Code / Title 20 / Chapter 2 / Section 20-251
20-251 UNMANNED AIRCRAFT SYSTEMS NEAR DEPARTMENT OF CORRECTION FACILITIES.
Status: in_force

20-251. unmanned aircraft systems near department of correction facilities. (1) As used in this section:

(a) "Correctional facility" means a facility incarcerating state inmates under the control of the Idaho department of correction.

(b) "Mitigation measures" means actions, such as jamming, that are taken to cause electronic interference to neutralize, intercept, disable, or disrupt an unmanned aircraft system in order to prevent illegal or harmful activity.

(c) "Nefarious manner" means a manner in which an unmanned aircraft system is used for an illegal, dangerous, or harmful purpose. Such purpose may include but is not limited to spying, smuggling contraband, facilitating criminal activity, or posing a direct threat to public safety or security of a correctional facility.

(d) "Restricted airspace" means the airspace from the surface to a height of four hundred (400) feet above ground level within the defined perimeter of a correctional facility.

(2) The department of correction or a law enforcement officer or agency may take reasonable and necessary mitigation measures against a threat posed by an unmanned aircraft system operating in a nefarious manner within restricted airspace within this state as long as it does not conflict with federal law.

(3) The department of correction or a law enforcement officer or agency may act pursuant to subsection (2) of this section only if there is reasonable suspicion that the unmanned aircraft system is operating in a nefarious manner within the restricted airspace of any department of correction facility where prisoners are held. The department of correction or a law enforcement officer or agency shall not be liable for any loss of or damage to an unmanned aircraft system due to mitigation measures taken pursuant to this section. The department of correction shall post notices on roads near correctional facilities that the area is a "Drone No Fly Zone."

(4) The use of an unmanned aircraft system within the restricted airspace of a correctional facility shall be unlawful. Whoever commits the crime of unlawful use of an unmanned aircraft system within the restricted airspace of a correctional facility shall be guilty of a misdemeanor and shall be fined no more than one thousand dollars ($1,000), imprisoned in the county jail for no more than six (6) months, or by both such fine and imprisonment. In addition to the sentence imposed pursuant to this subsection, the court may order the forfeiture of the unmanned aircraft system used in connection with the unlawful act.

(5) It shall be the responsibility of unmanned aircraft system operators to be familiar with all airspace restrictions and the location of correctional facilities and all other restricted airspace when operating unmanned aircraft systems. Lack of knowledge that the prohibited act occurred within the restricted airspace of the correctional facility shall not be a defense.

History:

[20-251, added 2026, ch. 233, sec. 1, p. 1013.]
Idaho Code § 20-622 — Idaho Code / Title 20 / Chapter 6 / Section 20-622
20-622 INSPECTION OF JAIL BY COMMISSIONERS.
Status: in_force

20-622. Inspection of jail by commissioners. The county commissioners must inspect the county jail, and once every three (3) months inquire into the state thereof as respects the security thereof, treatment and condition of the prisoners, and take all necessary precaution against escape, sickness or infection.

History:

[(20-622) 1863, p. 596, sec. 2; R.S., R.C., & C.L., sec. 8543; C.S., sec. 9437; I.C.A., sec. 20-622.]
Idaho Code § 20-605 — Idaho Code / Title 20 / Chapter 6 / Section 20-605
20-605 COSTS OF CONFINEMENT.
Status: in_force

20-605. Costs of confinement. (1) For purposes of this section, "reimbursement rate" means ninety-five percent (95%) of the unadjusted medicaid rate of reimbursement for medical charges allowed pursuant to title XIX of the social security act, as amended, that is in effect at the time the service is rendered.

(2) The county wherein any court has entered an order pursuant to section 20-604, Idaho Code, shall pay all direct and indirect costs of the detention or confinement of the person to the governmental unit or agency owning or operating the jail or confinement facilities in which the person was confined or detained. The amount of such direct and indirect costs shall be determined on a per day per person basis by agreement between the county wherein the court entered the order and the county or governmental unit or agency owning or operating such jail or confinement facilities. In the absence of such agreement or order fixing the cost as provided in section 20-606, Idaho Code, the charge for each person confined or detained shall be the sum of thirty-five dollars ($35.00) per day, plus the cost of any medical or dental services paid at the reimbursement rate, unless a rate of reimbursement is otherwise established by contract or agreement; provided, however, that the county may determine whether the detained or confined person is eligible for any local, state, federal or private program that covers dental, medical and/or burial expenses. That person will be required to apply for those benefits, and any such benefits obtained may be applied to the detained or confined person's incurred expenses, and in the event of the death of such detained or confined person, the county wherein the court entered the order shall pay all actual burial costs. Release from an order pursuant to section 20-604, Idaho Code, for the purpose of a person receiving medical treatment shall not relieve the county of its obligation of paying the medical care expenses imposed in this section. In case a person confined or detained was initially arrested by a city police officer for violation of the motor vehicle laws of this state or for violation of a city ordinance, the cost of such confinement or detention shall be a charge against such city by the county wherein the order of confinement was entered. All payments under this section shall be acted upon for each calendar month by the second Monday of the month following the date of billing.

History:

[20-605, added 1973, ch. 2, sec. 3, p. 4; am. 1983, ch. 13, sec. 1, p. 48; am. 1986, ch. 115, sec. 1, p. 307; am. 1992, ch. 138, sec. 1, p. 428; am. 1994, ch. 362, sec. 1, p. 1136; am. 2009, ch. 177, sec. 1, p. 558; am. 2011, ch. 291, sec. 1, p. 794; am. 2023, ch. 32, sec. 1, p. 161.]
Idaho Code § 20-505 — Idaho Code / Title 20 / Chapter 5 / Section 20-505
20-505 JURISDICTION.
Status: in_force

20-505. Jurisdiction. Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases:

(1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only;

(2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult;

(3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code;

(4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter, provided that a juvenile taken into custody pursuant to section 20-516(1)(c), Idaho Code, for an alcohol age infraction under section 18-1502(e), Idaho Code, shall be treated within the provisions of this chapter;

(5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter;

(6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter;

(7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.

History:

[(20-505) 16-1803 added 1976, ch. 233, sec. 1, p. 823; am. 1981, ch. 112, sec. 1, p. 168; am. 1981, ch. 222, sec. 6, p. 414; am. 1982, ch. 110, sec. 1, p. 311; am. 1984, ch. 81, sec. 4, p. 150; am. 1990, ch. 355, sec. 2, p. 960; am. 1993, ch. 154, sec. 2, p. 391; am. 1994, ch. 150, sec. 1, p. 344; am. 1994, ch. 414, sec. 2, p. 1303; am. and redesig. 1995, ch. 44, sec. 6, p. 75; am. 1996, ch. 261, sec. 3, p. 860; am. 1998, ch. 69, sec. 1, p. 262; am. 1999, ch. 388, sec. 1, p. 1083; am. 1999, ch. 389, sec. 1, p. 1085; am. 2002, ch. 185, sec. 1, p. 537; am. 2004, ch. 270, sec. 3, p. 754; am. 2005, ch. 94, sec. 1, p. 314; am. 2005, ch. 187, sec. 1, p. 573; am. 2012, ch. 19, sec. 6, p. 44; am. 2016, ch. 344, sec. 2, p. 988.]
Idaho Code § 20-205 — Idaho Code / Title 20 / Chapter 2 / Section 20-205
20-205 QUALIFICATIONS OF BOARD OR BOARD MEMBERS.
Status: in_force

20-205. Qualifications of board or board members. In the selection of members of the original board, and thereafter as vacancies occur in the appointment of successor member, the governor so appointing shall, so far as same is possible, select the members on the basis of their general background in business and administration.

History:

[20-205, added 1947, ch. 53, sec. 5, p. 59; am. 1969, ch. 419, sec. 1, p. 1160.]
Idaho Code § 20-801 — Idaho Code / Title 20 / Chapter 8 / Section 20-801
20-801 DEFINITIONS.
Status: in_force

20-801. Definitions. In this chapter:

(1) "Contracting authority" means a board of county commissioners or the governing body of a city.

(2) "Correctional facility" means a facility for the confinement of prisoners. The term shall be construed to include references to terms including, but not limited to, "prison," "state prison," "state penitentiary," "governmental detention facility," "penal institution (facility)," "correctional institution," "detention institution (facility)," "county jail," "jail," "private prison (facility)" or "private correctional facility." The term does not include a treatment facility designed to evaluate and treat substance abuse when the treatment facility is operated under the direction of a political subdivision of the state of Idaho.

(3) "Governmental entity" means a state, county, city, municipal corporation or other political subdivision of the state, or a territory of the United States and any political subdivision thereof.

(4) "In-state prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated or on parole for that crime or in custody for trial and sentencing, and who is being housed in any state, local or private correctional facility, or who is being transported in any manner within or through the state of Idaho.

(5) "Local correctional facility" means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include references to "county jail," or "jail." The term shall also include a private correctional facility housing prisoners under the custody of the state board of correction, the county sheriff or other local law enforcement agency.

(6) "Medium security" or "medium custody" means a security or custody classification reserved for prisoners who have demonstrated an ability to follow institutional rules and regulations, who may have a considerable amount of time remaining to serve and who may present an escape risk at a lower assigned custody level.

(7) "Minimum security" or "minimum custody" means a security or custody classification reserved for prisoners who have continuously demonstrated an ability to follow institutional rules and regulations; who are either committed for a nonviolent crime or are committed on a violent crime; who are generally within twelve (12) months of parole eligibility; and who normally do not present an escape risk.

(8) "Out-of-state prisoner" or "out-of-state inmate" means a person who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho.

(9) "Prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated or on parole for that crime or in custody for trial and sentencing, or who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility, or who is being transported in any manner within or through the state of Idaho. The term shall be construed to include references to terms including, but not limited to, "inmate," "convict," "detainee," and other similar terms, and shall include "out-of-state prisoner" and "out-of-state inmate."

(10) "Private prison contractor" means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services. For purposes of this chapter, "private prison contractor" does not include those persons, organizations, partnerships, joint ventures, corporations or other business entities that contract with a political subdivision of the state of Idaho for the construction of a facility provided the facility will be operated by the political subdivision or where the facility is operated under the direction of the political subdivision and is designed to evaluate and treat substance abuse.

(11) "Private prison facility" or "private correctional facility," for purposes of this chapter, means a correctional facility constructed or operated in the state of Idaho by a private prison contractor pursuant to contract with a contracting authority as defined herein.

History:

[20-801, added 1998, ch. 360, sec. 1, p. 1124; am. 2001, ch. 335, sec. 1, p. 1178.]
Idaho Code § 20-203 — Idaho Code / Title 20 / Chapter 2 / Section 20-203
20-203 REMOVAL OF MEMBERS — GROUNDS — HEARING AND PROCEEDINGS.
Status: in_force

20-203. Removal of members — Grounds — Hearing and proceedings. The governor may not remove any member of the board except for disability, inefficiency, neglect of duty or malfeasance in office. Before such removal the governor shall give such member a written copy of the charges against him and shall fix the time when he can be heard in his defense which shall not be less than ten (10) days thereafter. If such member shall be removed, the governor shall file, in the office of the secretary of state, a complete statement of all charges made against such member and his findings thereon, with a record of the proceedings.

History:

[20-203, added 1947, ch. 53, sec. 3, p. 59.]
Idaho Code § 20-302 — Idaho Code / Title 20 / Chapter 3 / Section 20-302
20-302 SHORT TITLE.
Status: in_force

20-302. Short title. This act may be cited as the "Interstate Compact for Adult Offender Supervision."

History:

[20-302, added 2000, ch. 413, sec. 3, p. 1320.]
Idaho Code § 20-225A — Idaho Code / Title 20 / Chapter 2 / Section 20-225A
20-225A PAYMENT FOR INTERSTATE COMPACT APPLICATION.
Status: in_force

20-225A. Payment for interstate compact application. (1) Any person under state probation or parole supervision who applies for a transfer of supervision to another state shall be required to post an application fee not to exceed one hundred dollars ($100).

(2) Money collected as a fee for services and compact administration shall be placed in the probation and parole receipts account, which is hereby created in the dedicated fund in the state treasury, and shall be utilized to provide supervision for offenders. Moneys in the probation and parole receipts account may be expended only after appropriation by the legislature.

History:

[20-225A, added 2003, ch. 25, sec. 1, p. 95.]
Idaho Code § 20-401 — Idaho Code / Title 20 / Chapter 4 / Section 20-401
20-401 SHORT TITLE.
Status: in_force

20-401. Short title. This act shall be known and cited as the "Idaho Correctional Industries Act."

History:

[20-401, added 1974, ch. 48, sec. 2, p. 1096; am. 2020, ch. 83, sec. 2, p. 217.]
Idaho Code § 20-607 — Idaho Code / Title 20 / Chapter 6 / Section 20-607
20-607 PRISONER REIMBURSEMENT TO THE COUNTY.
Status: in_force

20-607. Prisoner reimbursement to the county. (1) The county sheriff shall seek reimbursement for any expenses incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail as follows:

(a) From each person who is or was a prisoner, not more than twenty-five dollars ($25.00) per day for the expenses of maintaining that prisoner up to a maximum of five hundred dollars ($500), whichever is less, for the entire period of time the person was confined in the county jail, including any period of pretrial detention;

(b) Any other expenses incurred by the county in order to collect payments under this section;

(c) In pursuing reimbursement under this section the county may investigate the financial status of the person.

(d) The county where the person was sentenced shall charge the person a daily maintenance cost according to paragraph (a) of this subsection and shall seek reimbursement once the debt has been incurred.

(2) Before seeking any reimbursement under this section, the sheriff shall develop a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the age and marital status of the prisoner, the number and ages of children of the prisoner, the number and ages of other dependents, type and value of real estate, type and value of real and personal property, type and value of investments, cash, bank accounts, pensions, annuities, salary, wages and any other personal property of significant cash value. The county shall use the form when investigating the financial status of a prisoner and when seeking reimbursement.

(3) (a) A prisoner in a county jail shall provide accurate information and cooperate with the county sheriff for purposes of satisfying subsection (2) of this section.

(b) A prisoner who willfully refuses to provide accurate information or cooperate as provided in paragraph (a) of this subsection shall not receive a reduction in his or her term under section 20-621, Idaho Code.

(4) At the request of the board of county commissioners, the sheriff of the county shall forward to the board a list containing the name of each sentenced prisoner, term of sentence and date of admission.

(5) (a) Within one (1) year of the release of a person as a sentenced prisoner from any county jail, a representative for that county may file a civil action in the magistrate's division pursuant to the provisions of chapter 23, title 1, Idaho Code, to seek reimbursement from that person for the cost of incarceration. A civil action may be filed only after determining from the financial status form, as required in subsection (2) of this section, that sufficient assets are available to justify further recovery efforts and that further action to collect the daily expense for maintaining the sentenced person by the county will not cause the sentenced person or his dependents to qualify for public assistance.

(b) A civil action brought under this section shall be instituted in the name of the county in which the jail is located and shall state the dates and places of sentence, the length of time set forth in the sentence, the length of time actually served, and the amount or amounts due to the county pursuant to this section.

(c) Before entering any order on behalf of the county against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, other dependents or provide victim restitution and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.

(6) The reimbursements secured under this section shall be credited to the justice fund or current expense fund of the county to be available for jail maintenance and operation purposes.

History:

[20-607, added 1997, ch. 102, sec. 1, p. 236; am. 2003, ch. 245, sec. 1, p. 635; am. 2007, ch. 85, sec. 1, p. 236.]
Idaho Code § 20-533 — Idaho Code / Title 20 / Chapter 5 / Section 20-533
20-533 RELEASE FROM CUSTODY OF THE DEPARTMENT.
Status: in_force

20-533. Release from custody of the department. (1) The department shall determine an appropriate date for release of the juvenile offender from the custody of the department, based upon guidelines established by the department. The department shall review and update policy guidelines annually.

(2) Juvenile offenders may be released to their own home, to a residential community-based program, to a nonresidential community-based treatment program, to an approved independent living setting, or to other appropriate residences, but shall remain on probation until the probation is terminated by the court. Following the release of a juvenile offender, the court may conduct a hearing to review the juvenile offender's conditions of probation and determine whether existing conditions should be amended or eliminated or additional conditions imposed.

(3) County probation officers shall enforce probation conditions and supervise juvenile offenders while on probation. As authorized by court order, probation officers may establish additional reasonable conditions of probation with which the juvenile offender must comply. The juvenile offender may move for a hearing before the court to contest any conditions imposed by the probation officer. If the probation officer establishes additional conditions of probation, the probation officer shall advise the juvenile offender at the time such additional conditions are imposed of the juvenile offender's right to move the court for a hearing to contest those conditions.

(4) When the department is considering release of a juvenile offender committed to the department for confinement, the department shall notify the prosecuting attorney of the county from which the juvenile offender was committed to confinement, the judge whose order caused the juvenile offender to be committed to confinement and the victims of the juvenile offender's unlawful conduct. Notice shall also be given to the same parties upon the actual release of the juvenile offender from the department's custody.

History:

[(20-533) 1989, ch. 155, sec. 9, p. 383; am. and redesig. 1995, ch. 44, sec. 36, p. 94; am. 2012, ch. 19, sec. 29, p. 62; am. 2018, ch. 157, sec. 1, p. 314.]
Idaho Code § 20-627 — Idaho Code / Title 20 / Chapter 6 / Section 20-627
20-627 UNLAWFUL CONVEYANCE OF ARTICLES INTO AND OUT OF COUNTY JAIL.
Status: in_force

20-627. Unlawful conveyance of articles into and out of county jail. Any person who shall deliver or attempt to deliver or shall have in his possession with the intent to deliver, any letter, article or thing, to one confined in a county jail or in any other place or building used or substituted for a county jail, or who deposits or conceals any letter, article or thing in or about such jail or in or about such other place or building used or substituted for a county jail with the intent that one confined in such jail or such other place or building shall obtain or receive the same, without the knowledge or permission of the sheriff or a deputy sheriff; or any person who shall receive from one confined within a jail any letter, article or thing with the intent to convey the same out of the jail without the knowledge and permission of the sheriff or a deputy sheriff; or any person who shall purchase, exchange, take or receive from any prisoner while he may be working or remaining outside the county jail, any letter, article or thing without the knowledge and permission of the sheriff or a deputy sheriff, shall be guilty of a misdemeanor.

History:

[(20-627) C.S., sec. 9441-A, as added by 1929, ch. 213, sec. 1, p. 433; I.C.A., sec. 20-627.]
Idaho Code § 20-515 — Idaho Code / Title 20 / Chapter 5 / Section 20-515
20-515 FAILURE TO OBEY SUMMONS, A CONTEMPT — WARRANT.
Status: in_force

20-515. Failure to obey summons, a contempt — Warrant. If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the juvenile offender requires that he be brought forthwith into the custody of the court, a warrant or a capias may be issued for the parent, guardian or the juvenile offender.

History:

[(20-515) 1963, ch. 319, sec. 10, p. 876; am. and redesig. 1995, ch. 44, sec. 16, p. 83; am. 1997, ch. 76, sec. 2, p. 161; am. 2012, ch. 19, sec. 12, p. 51.]
Idaho Code § 20-1002 — Idaho Code / Title 20 / Chapter 10 / Section 20-1002
20-1002 COMMISSION CREATED — APPOINTMENT — QUALIFICATIONS — TERMS — MEETINGS — COMPENSATION — EXECUTIVE DIRECTOR AND STAFF.
Status: in_force

20-1002. Commission created — Appointment — Qualifications — Terms — meetings — compensation — executive director and Staff. (1) There is hereby created the Idaho commission of pardons and parole. The governor shall appoint seven (7) commissioners, subject to the advice and consent of the senate.

(2) Commissioners shall serve at the pleasure of the governor and not more than four (4) commissioners shall be from any one (1) political party.

(3) Terms on the commission shall be for three (3) years, and vacancies in the commission for unexpired terms shall be filled by appointment by the governor for the remainder of the term. Commissioners may be reappointed for subsequent terms.

(4) The commission and the board may meet as necessary to exchange such information to enable each to effectively carry out their respective duties.

(5) The commission shall meet at such times and places as determined to be necessary and convenient, or at the call of the executive director, and in any event no less than quarterly.

(6) Two (2) commissioners may meet to make decisions on the disposition of parole violations. Such decisions must be unanimous, and in the event they are not unanimous, then the parole violation disposition decision will be made by a majority of the full commission either at the next quarterly meeting or special meeting.

(7) Three (3) commissioners may meet to make decisions to grant or deny parole. Such decisions must be unanimous, and in the event they are not unanimous, then the decision to grant or deny parole will be made by a majority of the full commission at the next quarterly meeting.

(8) Commissioners shall be compensated as provided by section 59-509(i), Idaho Code, when attending quarterly meetings conducted at a date and time separate from a hearing session or other meetings approved by the executive director. Commissioners shall receive compensation of three hundred dollars ($300) per commissioner per day when conducting parole, commutation, pardon, revocation or other hearings and shall be reimbursed for actual and necessary expenses subject to the limitations provided in section 67-2008, Idaho Code.

(9) The governor shall appoint the executive director for the commission. The executive director shall be the full-time employee who shall report to, serve at the pleasure of, and be compensated as determined by the governor. The executive director shall be the official representative for the commission, shall be responsible for the managing and administration of daily commission business, shall assist the commission in carrying out all of its duties and powers as prescribed by law, and shall schedule business meetings and hearing sessions at times convenient to the commissioners. For each scheduled session, the executive director shall designate one (1) of the commissioners as the presiding officer for conducting the hearings. The executive director may hire such staff and employees as are approved by the governor. The executive director shall also have such other duties and responsibilities as the governor shall assign.

History:

[(20-1002) 20-210, added 1947, ch. 53, sec. 10, p. 59; am. 1969, ch. 97, sec. 5, p. 329; am. 1974, ch. 6, sec. 2, p. 28; am. 1980, ch. 247, sec. 6, p. 586; am. 1991, ch. 166, sec. 1, p. 406; am. 1994, ch. 171, sec. 1, p. 383; am. 1998, ch. 355, sec. 1, p. 1113; am. 1999, ch. 311, sec. 1, p. 772; am. 2007, ch. 102, sec. 1, p. 306; am. 2017, ch. 182, sec. 1, p. 415; am. and redesig. 2021, ch. 196, sec. 3, p. 526; am. 2024, ch. 164, sec. 5, p. 624.]
Idaho Code § 20-413A — Idaho Code / Title 20 / Chapter 4 / Section 20-413A
20-413A TRAINING PROGRAMS WITH CERTAIN PRIVATE EMPLOYERS.
Status: in_force

20-413A. training programs with certain private employers. (1) The board may establish training programs with certain private employers as authorized in this section. Authorized training programs shall include:

(a) Contracts with private agricultural employers for the use of trainees in the production, harvesting, and processing of agricultural products; and

(b) Contracts with private employers for the use of trainees to provide telecommunication services at a call or contact center established at a facility controlled by the board or at a private employer's place of business.

(2) The use of trainees may not result in the displacement of employed workers within the local region in which the training program is operated.

(3) The board shall establish by rule factors to be considered by the board prior to entering into such contract, including but not limited to ensuring that employed workers are not displaced, inmate safety, compliance with industry regulations, and any security risks and needs. All moneys derived from such contracts shall be deposited into the correctional industries betterment account established in section 20-415, Idaho Code.

(4) Trainees shall receive a stipend for their participation pursuant to section 20-412, Idaho Code. The board shall establish by rule factors to be considered in dispersing trainee earnings. Deductions shall be made for:

(a) Reducing or offsetting costs of incarceration from the general fund;

(b) Satisfying court-ordered restitution, fines and other legal judgments;

(c) Providing resources for successful reentry by inmates;

(d) Reentry savings; and

(e) Any other deduction otherwise authorized by law or adopted by rule of the board.

History:

[20-413A, added 2014, ch. 282, sec. 1, p. 716; am. 2020, ch. 83, sec. 10, p. 219; am. 2022, ch. 88, sec. 2, p. 252.]
Idaho Code § 20-416 — Idaho Code / Title 20 / Chapter 4 / Section 20-416
20-416 DEPOSIT AND DISPOSITION OF FUNDS AND RECEIPTS.
Status: in_force

20-416. Deposit and disposition of funds and receipts. (1) All funds transferred under the provisions of this act and moneys received for sale of goods or services under the provisions of this chapter shall be deposited in the correctional industries betterment account. The board may adopt, rescind, modify and amend regulations not inconsistent with this act and the laws of the state of Idaho related to the deposit or disposition of funds in the correctional industries betterment account. All moneys received under the provisions of this chapter shall be deposited in the account and made available for defraying expenses or repaying indebtedness of the board in carrying out the provisions of this chapter.

(2) All salaries, costs and expenses incurred by the board in performing its duties and exercise of power under this chapter shall be paid out of the correctional industries betterment account.

(3) Subject to the provisions of this act pertaining to annual audit and established accounting procedures, the correctional industries betterment account is exempted from powers and duties of the state purchasing agent, as enumerated in chapter 16, title 67, Idaho Code.

(4) Surplus moneys in the correctional industries betterment account may be expended by the board for the use and benefit of vocational training and educational programs.

History:

[I.C., sec. 20-416, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 15, p. 225; am. 1983, ch. 223, sec. 7, p. 620.]
Idaho Code § 20-202 — Idaho Code / Title 20 / Chapter 2 / Section 20-202
20-202 INTERIM APPOINTMENTS — CHAIRMAN.
Status: in_force

20-202. Interim appointments — Chairman. In the event of death, removal or resignation of any member of the board, the governor shall appoint some competent person to serve during the unexpired term. The governor shall designate one (1) member of the board to serve as chairman.

History:

[20-202, added 1947, ch. 53, sec. 2, p. 59; am. 1998, ch. 270, sec. 1, p. 899.]
Idaho Code § 20-209 — Idaho Code / Title 20 / Chapter 2 / Section 20-209
20-209 CONTROL AND MANAGEMENT OF CORRECTIONAL FACILITIES AND PRISONERS — REHABILITATIVE SERVICES — RULES.
Status: in_force

20-209. Control and management of correctional facilities and prisoners — rehabilitative services — Rules. (1) The state board of correction shall have the control, direction, and management of such correctional facilities as may be acquired for use by the state board of correction and all property owned or used in connection therewith. The board shall provide for the care and maintenance of all prisoners now or hereinafter committed to its custody. The board may also provide for employment of those prisoners housed at a correctional facility. Nothing in this section creates a right to any employment.

(2) The state board of correction may provide or facilitate research-based rehabilitative services at the discretion of the Idaho department of correction and as resources permit for incarcerated and community-based offenders. The rehabilitative services may include programs for behavioral modification, education, vocational education, sexual offenders, substance abuse, gender responsive programs, and other programs that correctional research supports reduction of risk for offender populations. Nothing contained in this subsection shall create any right to rehabilitative services.

(3) The state board of correction shall have the authority to enter into contracts with private prison contractors for the site selection, design, design/building, acquisition, construction, construction management, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of those services subject to the requirements and limitations set forth in section 20-241A, Idaho Code.

(4) The state board of correction shall have the authority to promulgate rules required by law or necessary or desirable to carry out all duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20, Idaho Code, which authority shall include the power and duties to prescribe standards, rules, and procedures for licensure of private prison contractors, to develop and provide, in conjunction with the department of administration, a uniform contract for use by local contracting authorities in contracting with private prison contractors, to review records and historical information of all prisoners proposed to be housed in private prison facilities and to approve or reject the housing of all prisoners, to monitor the status of insurance of private prison contractors, to approve suitable training programs for firearm certification for employees of private prison contractors, and to approve suitable drug testing programs for prisoners housed with private prison contractors. All final decisions by the board shall be subject to review pursuant to the provisions and procedures of the administrative procedure act, chapter 52, title 67, Idaho Code.

(5) The state board of correction is authorized to provide medical and counseling services to those prisoners who have been exposed to HIV (human immunodeficiency virus), which causes acquired immunodeficiency syndrome (AIDS), or who have been diagnosed as having contracted a human immunodeficiency viral disease.

(6) The state board of correction should provide educational and informational services to prisoners housed in Idaho and to its department employees in order to assure that the transmission of HIV within correctional facilities is diminished.

History:

[20-209, added 1947, ch. 53, sec. 9, p. 59; am. 1970, ch. 143, sec. 6, p. 425; am. 1988, ch. 110, sec. 1, p. 199; am. 1997, ch. 223, sec. 1, p. 655; am. 2001, ch. 335, sec. 12, p. 1192; am. 2011, ch. 29, sec. 1, p. 71; am. 2020, ch. 223, sec. 1, p. 655.]
Idaho Code § 20-902 — Idaho Code / Title 20 / Chapter 9 / Section 20-902
20-902 RESTRICTIONS ON RESTRAINT OF PREGNANT PRISONERS — EXTRAORDINARY CIRCUMSTANCE.
Status: in_force

20-902. Restrictions on restraint of pregnant prisoners — extraordinary circumstance. (1) A correctional institution shall not use restraints of any kind on a prisoner known to be pregnant during labor and delivery, except as provided in subsection (2) of this section.

(2) In an extraordinary circumstance, where a corrections official makes an individualized determination that restraints are necessary to prevent a prisoner from escaping or from injuring herself or medical or correctional personnel, such a prisoner or detainee may be restrained, provided that:

(a) If the doctor, nurse or other health professional treating the prisoner requests that restraints not be used, the corrections officer accompanying the prisoner shall immediately remove all restraints; and

(b) Under no circumstances shall leg or waist restraints be used on any prisoner during labor or delivery.

(3) If restraints are used on a prisoner pursuant to subsection (2) of this section:

(a) Both the type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary; and

(b) The corrections official shall make written findings within ten (10) days as to the extraordinary circumstance that dictated the use of the restraints. As part of this documentation, the corrections official must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances. These findings shall be kept on file by the institution for at least five (5) years and be made available for public inspection, except that no information identifying any individual prisoner or detainee shall be made public under the provisions of this section without the prisoner or detainee's prior written consent.

History:

[20-902, added 2011, ch. 223, sec. 1, p. 610.]
Idaho Code § 20-246 — Idaho Code / Title 20 / Chapter 2 / Section 20-246
20-246 PENITENTIARY — POWERS OF BOARD OF CORRECTION.
Status: in_force

20-246. Penitentiary — Powers of board of correction. All transactions and dealings of the state penitentiary and its properties shall be conducted in the name of the board of correction. The board shall be capable in law of suing in all courts and places in all matters concerning the said penitentiary and is hereby authorized to sue for and recover all sums of money or property due from any person to the people of the state on account of said penitentiary.

History:

[20-246, added 1949, ch. 67, sec. 1, p. 113; am. 1969, ch. 419, sec. 9, p. 1160.]
Idaho Code § 20-209C — Idaho Code / Title 20 / Chapter 2 / Section 20-209C
20-209C AUTHORITY TO DESIGNATE EMPLOYEES AS PEACE OFFICERS.
Status: in_force

20-209C. Authority to designate employees as peace officers. All employees of the state board of correction who receive peace officer certification from the Idaho peace officer standards and training council shall have the authority given by statute to peace officers of the state of Idaho in accordance with the provisions of section 19-5109, Idaho Code. The state board of correction shall have the additional authority to designate other employees to act as peace officers when engaged in transportation of prisoners or apprehension of prisoners or wards who have escaped, or apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation or parole, or when present with and at the request of a local, state or federal law enforcement officer.

History:

[(20-209C) 20-209B, as added by 1973, ch. 170, sec. 2, p. 360; redesignated as I.C. sec. 20-209C, 1979, ch. 205, sec. 1, p. 588; am. 1980, ch. 99, sec. 1, p. 219; am. 2005, ch. 131, sec. 3, p. 420; am. 2011, ch. 28, sec. 2, p. 70.]
Idaho Code § 20-244 — Idaho Code / Title 20 / Chapter 2 / Section 20-244
20-244 GOVERNMENT AND DISCIPLINE OF THE CORRECTIONAL FACILITY — RULES AND REGULATIONS.
Status: in_force

20-244. Government and discipline of the correctional facility — Rules and regulations. The state board of correction shall make and adopt such rules and regulations for the government and discipline of the correctional facility as they may consider expedient, and from time to time, change and amend the same as circumstances may require. A printed copy of the rules and regulations shall be furnished to every officer and guard at the time he is appointed, and so much thereof as relates to the duties and obligations of the convicted persons shall be given to the convicted person upon reception at the state's correctional institutions.

History:

[20-244, added 1947, ch. 53, sec. 44, p. 59; am. 1984, ch. 178, sec. 1, p. 425.]
Idaho Code § 20-101B — Idaho Code / Title 20 / Chapter 1 / Section 20-101B
20-101B FORFEITURE OF GOOD CONDUCT REDUCTION.
Status: in_force

20-101B. Forfeiture of good conduct reduction. Inmates who fail to observe faithfully the rules of the institution may have goodtime withheld or forfeited under rules adopted by the state board of correction.

Forfeited or withheld goodtime may only be restored by the board of correction or its authorized agent.

Such revocation or forfeiture shall not be made except upon a hearing upon the question of the infraction of the rules charged to such convicted person before the state board of correction or its authorized agent.

History:

[I.C., sec. 20-101B, as added by 1971, ch. 96, sec. 2, p. 208; am. 1976, ch. 32, sec. 1, p. 69.]
Idaho Code § 20-102 — Idaho Code / Title 20 / Chapter 1 / Section 20-102
20-102 PENITENTIARY PERMANENT ENDOWMENT FUND.
Status: in_force

20-102. Penitentiary permanent endowment fund. (1) There is established in the state treasury the penitentiary permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:

(a) Proceeds of the sale of lands granted to the state of Idaho by the United States government in the Idaho Admission Bill, 26 Stat. L. 215, ch. 656, known as penitentiary endowment lands, and lands granted in lieu thereof;

(b) Proceeds of royalties arising from the extraction of minerals on penitentiary endowment lands owned by the state; and

(c) Moneys allocated from the penitentiary earnings reserve fund.

(2) Proceeds from the sale of penitentiary endowment lands may first be deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of the beneficiaries of the penitentiary endowment. If the land sale proceeds are not used to acquire other lands in accordance with section 58-133, Idaho Code, the land sale proceeds shall be deposited into the penitentiary permanent endowment fund along with any earnings on the proceeds.

(3) Earnings from the investment of the penitentiary permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.

History:

[20-102 added 1998, ch. 256, sec. 2, p. 827.]
Idaho Code § 20-201A — Idaho Code / Title 20 / Chapter 2 / Section 20-201A
20-201A BOARD CREATED — APPOINTMENT — NONPARTISAN — TERMS — VACANCIES — DELEGATION OF AUTHORITY.
Status: in_force

20-201A. Board created — Appointment — Nonpartisan — Terms — Vacancies — Delegation of authority. (1) There is hereby created a nonpartisan board of three (3) members to be known as the state board of correction, referred to in this chapter as the board, appointed by the governor to exercise the duties imposed by law. The board shall be the constitutional board of correction prescribed by section 5, article X, of the constitution of the state of Idaho. Not more than two (2) members shall belong to the same political party. Any person appointed a member of the board shall hold office for six (6) years. Vacancies in the membership of the board shall be filled in the same manner in which the original appointments are made.

(2) The board may transfer to the commission of pardons and parole any and all authority and power as it deems necessary to fulfill the duties, responsibilities and intent of this chapter and the other duties imposed upon it by law.

History:

[(20-201A), added 1969, ch. 97, sec. 2, p. 329; am. 1974, ch. 6, sec. 1, p. 28; am. and redesig. 1999, ch. 311, sec. 5, p. 777.]
Idaho Code § 20-1014 — Idaho Code / Title 20 / Chapter 10 / Section 20-1014
20-1014 TRANSFER OF CONVICTED FOREIGN CITIZENS OR NATIONALS UNDER TREATY.
Status: in_force

20-1014. Transfer of convicted foreign citizens or nationals under treaty. If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treaty, authorize the commission to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty.

History:

[(20-1014) 20-104, added 1986, ch. 77, sec. 1, p. 235; am. 2018, ch. 243, sec. 1, p. 567; am. and redesig. 2021, ch. 196, sec. 16, p. 535.]