Idaho Code § 20-301 — Idaho Code / Title 20 / Chapter 3 / Section 20-301
20-301 COMPACTS WITH OTHER STATES AUTHORIZED.
Status: in_force

20-301. Compacts with other states authorized. The governor of this state is hereby authorized and directed to execute a compact on behalf of the state of Idaho with any of the United States legally joining therein in the form substantially as follows:

ARTICLE I

PURPOSE

The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

(2) "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission's actions or conduct.

(3) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact who is responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

(4) "Compacting state" means any state which has enacted the enabling legislation for this compact.

(5) "Commissioner" means the voting representative of each compacting state appointed pursuant to article III of this compact.

(6) "Interstate commission" means the interstate commission for adult offender supervision established by this compact.

(7) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

(8) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact.

(9) "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.

(10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.

(11) "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.

(12) "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States.

(13) "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact.

ARTICLE III

THE COMPACT COMMISSION

(1) The compacting states hereby create the "Interstate Commission for Adult Offender Supervision." The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(2) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state.

(3) In addition to the commissioners who are the voting representatives of the compacting states, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.

(4) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

(5) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(6) The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission; and performs other duties as directed by the commission or set forth in the bylaws.

ARTICLE IV

THE STATE COUNCIL

(1) Each member state shall create a state council for interstate adult offender supervision which shall be responsible for the appointment of the commissioner who shall serve on the interstate commission from that state. Each state council shall appoint the compact administrator from that state as its commissioner to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one (1) representative from the legislative, judicial, and executive branches of government, victims groups and (the) compact administrator(s). Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the state council or by the governor in consultation with the legislature and the judiciary.

(2) In addition to appointment of its commissioner to the interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state including, but not limited to, development of policy concerning operations and procedures of the compact within that state.

ARTICLE V

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

(1) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;

(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

(3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the commission;

(4) To enforce compliance with compact provisions, interstate commission rules, and bylaws, using all necessary and proper means including, but not limited to, the use of judicial process;

(5) To establish and maintain offices;

(6) To purchase and maintain insurance and bonds;

(7) To borrow, accept or contract for services of personnel including, but not limited to, members and their staffs;

(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;

(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel;

(10) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same;

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

(13) To establish a budget and make expenditures and levy dues as provided in article X of this compact;

(14) To sue and be sued;

(15) To provide for dispute resolution among compacting states;

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

(17) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;

(18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity;

(19) To establish uniform standards for the reporting, collecting and exchanging of data.

ARTICLE VI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

(1) The interstate commission shall, by a majority of the members, within twelve (12) months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

(a) Establishing the fiscal year of the interstate commission;

(b) Establishing an executive committee and such other committees as may be necessary;

(c) Providing reasonable standards and procedures:

(i) For the establishment of committees; and

(ii) Governing any general or specific delegation of any authority or function of the interstate commission;

(d) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;

(e) Establishing the titles and responsibilities of the officers of the interstate commission;

(f) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission;

(g) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;

(h) Providing transition rules for "start up" administration of the compact;

(i) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

(2) The interstate commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(3) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.

(4) The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

(5) The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

(6) The interstate commission shall defend the commissioner of a compacting state, or the commissioner's representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

(7) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

ARTICLE VII

ACTIVITIES OF THE INTERSTATE COMMISSION

(1) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact.

(2) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.

(3) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

(4) The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(5) The interstate commission shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(6) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the government in sunshine act, 5 U.S.C. section 552(b), as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds (2/3) vote that an open meeting would be likely to:

(a) Relate solely to the interstate commission's internal personnel practices and procedures;

(b) Disclose matters specifically exempted from disclosure by statute;

(c) Disclose trade secrets or commercial or financial information which is privileged or confidential;

(d) Involve accusing any person of a crime, or formally censuring any person;

(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(f) Disclose investigatory records compiled for law enforcement purposes;

(g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;

(h) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;

(i) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.

For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall publicly certify that, in the officer's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.

(7) The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

(8) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

ARTICLE VIII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(1) The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

(2) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal administrative procedure act, 5 U.S.C.S. section 551 et seq., and the federal advisory committee act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter "APA").

(3) All rules and amendments shall become binding as of the date specified in each rule or amendment.

(4) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

(5) When promulgating a rule, the interstate commission shall:

(a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;

(b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;

(c) Provide an opportunity for an informal hearing; and

(d) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

(6) Not later than sixty (60) days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

(7) Subjects to be addressed within twelve (12) months after the first meeting must at a minimum include:

(a) Notice to victims and opportunity to be heard;

(b) Offender registration and compliance;

(c) Violations/returns;

(d) Transfer procedures and forms;

(e) Eligibility for transfer;

(f) Collection of restitution and fees from offenders;

(g) Data collection and reporting;

(h) The level of supervision to be provided by the receiving state;

(i) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.

(j) Mediation, arbitration and dispute resolution.

(8) The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve (12) months after the first meeting of the interstate commission created hereunder.

(9) Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption; provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but in no event later than ninety (90) days after the effective date of the rule.

ARTICLE IX

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

(1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

(3) The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.

(4) The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.

(5) The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(6) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII, of this compact.

ARTICLE X

FINANCE

(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(2) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

(3) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE XI

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

(1) Any state, as defined in article II of this compact, is eligible to become a compacting state.

(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

(3) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XII

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal.

(2) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.

(3) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal.

(4) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state's reenactment of the compact or upon such later date as determined by the interstate commission.

(5) If the interstate commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties:

(a) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission;

(b) Remedial training and technical assistance as directed by the interstate commission;

(c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.

(6) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.

(7) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

(8) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations the performance of which extends beyond the effective date of termination.

(9) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.

(10) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

(11) The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

(12) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one (1) compacting state. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XIII

SEVERABILITY AND CONSTRUCTION

(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(2) The provisions of this compact shall be liberally constructed to effectuate its purposes.

ARTICLE XIV

BINDING EFFECT OF COMPACT AND OTHER LAWS

(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(2) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

(3) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.

(4) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

(5) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

(6) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

History:

[20-301, added 2000, ch. 413, sec. 2, p. 1307.]
Idaho Code § 20-519D — Idaho Code / Title 20 / Chapter 5 / Section 20-519D
20-519D ADMISSIBILITY OF STATEMENTS BY EXAMINED OR TREATED JUVENILE.
Status: in_force

20-519D. ADMISSIBILITY OF STATEMENTS BY EXAMINED OR TREATED JUVENILE. A statement made by a juvenile subject to a competency examination or restoration treatment pursuant to section 20-519A or 20-519B, Idaho Code, for the purposes of such examination or treatment shall not be admissible in evidence in any delinquency or criminal proceeding against the juvenile on any issue other than the juvenile's ability to assist counsel at trial or to form any specific intent which is an element of the crime charged, except that such statements of a juvenile to the examiner, evaluation committee or restoration provider as are relevant for impeachment purposes may be received subject to the usual rules of evidence governing matters of impeachment.

History:

[20-519D, added 2011, ch. 178, sec. 4, p. 510.]
Idaho Code § 20-524 — Idaho Code / Title 20 / Chapter 5 / Section 20-524
20-524 SUPPORT OF JUVENILE OR JUVENILE OFFENDER — REIMBURSEMENT FOR COSTS INCURRED.
Status: in_force

20-524. Support of juvenile or juvenile offender — Reimbursement for costs incurred. (1) Whenever a juvenile or juvenile offender is placed by the court in custody other than that of his or her parents or custodian, after due notice to the parent or other persons legally obligated to care for and support the juvenile or juvenile offender, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum that will cover in whole or in part the support and treatment of the juvenile or juvenile offender. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt, or the order may be filed and shall have the effect of a civil judgment.

(2) If the juvenile or juvenile offender is detained, the court may order that the parents of the juvenile or juvenile offender or other legally obligated person contribute to the costs of detention in an amount to be set by the court. The order may be filed and shall have the effect of a civil judgment. It is the intent of the legislature that foster parents or a parent or legal guardian receiving public assistance relating to that juvenile or juvenile offender should not benefit from the continued receipt of payments or public assistance from any state or federal agency while the juvenile or juvenile offender is detained. The department of health and welfare is directed to promulgate a rule implementing this intent.

History:

[(20-524) 1984, ch. 81, sec. 12, p. 156; am. 1986, ch. 222, sec. 9, p. 609; am. 1990, ch. 361, sec. 5, p. 977; am. 1992, ch. 194, sec. 1, p. 603; am. and redesig. 1995, ch. 44, sec. 25, p. 91; am. 1995, ch. 354, sec. 1, p. 1198; am. 1997, ch. 82, sec. 2, p. 194; am. 1998, ch. 292, sec. 4, p. 931; am. 2004, ch. 50, sec. 3, p. 238; am. 2012, ch. 19, sec. 19, p. 57; am. 2012, ch. 257, sec. 7, p. 715.]
Idaho Code § 20-517 — Idaho Code / Title 20 / Chapter 5 / Section 20-517
20-517 DETENTION ACCOMMODATIONS.
Status: in_force

20-517. Detention accommodations. (1) The county commissioners shall provide a detention center for the detention of juvenile offenders to be conducted by the court, or, subject to the approval of the court, by other appropriate public agency, provided that such detention shall comply with the provisions of section 20-518, Idaho Code, or within the limits of funds provided by the county commissioners.

(2) For the purpose of carrying out the provisions of this section, the county commissioners may enter into contracts or agreements with public or private agencies, individuals, other counties, or the department of juvenile corrections, which may include the expenditures of moneys outside the county boundaries. If the county in which the court is located has made an agreement with another governmental unit or agency located outside the county or the judicial district for the detention of juvenile offenders under this act, then any court in the county may order a juvenile offender detained outside of the county or outside of the judicial district in the detention center described in such agreement. All detention centers in this section shall be in compliance with section 20-518, Idaho Code, and IDAPA 05.01.02.

(3) The county wherein any court has entered an order for the detention of a juvenile offender outside of the county or outside of the judicial district as provided by subsection (2) of this section shall pay all direct and indirect costs of the detention of the juvenile offender to the governmental unit or agency owning or operating the detention center in which the juvenile offender was detained. The amount of such cost may be determined by agreement between the county wherein the court entered the order of detention and the county or governmental unit or agency owning or operating such detention center.

(4) All moneys appropriated by the state for the planning and design of regional detention centers shall be administered and distributed by the director of the department of administration for the planning and design of regional detention centers in accordance with the requirements or directives of such appropriation. In administering such moneys, the director of the department of administration shall consult with the designated county officials of every county involved or affected by a proposed regional detention center and shall abide by the decision of the designated representatives of each of the counties so involved or affected.

History:

[(20-517) 1963, ch. 319, sec. 12, p. 876; am. 1976, ch. 231, sec. 1, p. 819; am. 1978, ch. 57, sec. 1, p. 109; am. 1989, ch. 155, sec. 17, p. 396; am. and redesig. 1995, ch. 44, sec. 18, p. 85; am. 2012, ch. 19, sec. 14, p. 52; am. 2020, ch. 82, sec. 13, p. 189.]
Idaho Code § 20-613 — Idaho Code / Title 20 / Chapter 6 / Section 20-613
20-613 SECURITY FOR BOARD OF CIVIL PRISONERS.
Status: in_force

20-613. Security for board of civil prisoners. Whenever a person is committed upon process in a civil action or proceeding, except when the people of this state are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs or orders of court.

History:

[(20-613) 1863, p. 475, sec. 31; R.S., R.C., & C.L., sec. 8540; C.S., sec. 9430; I.C.A., sec. 20-616.]
Idaho Code § 20-606 — Idaho Code / Title 20 / Chapter 6 / Section 20-606
20-606 DETERMINING CONFINEMENT COSTS — DECREE.
Status: in_force

20-606. Determining confinement costs — Decree. If a district judge or magistrate orders the confinement or detention of any person under the preceding section 20-604, Idaho Code, in a jail or confinement facility in which there is no agreement as to the daily costs of confinement or detention, then any governmental unit or agency involved may apply by petition to the district court of the county in which such jail or confinement facility is located to determine the direct and indirect costs of confinement per person per day at the jail or facility. Such petition shall be filed with the district court and a copy thereof served upon the board of county commissioners or clerk thereof of the county or counties to be affected thereby, which county or counties shall be denominated as the respondent. Such respondent shall thereafter be allowed twenty (20) days to appear and plead to said petition. The determination of such costs shall be made by a district judge sitting without a jury in the same manner as other civil actions under all rules of procedure for district courts of the state of Idaho. Upon the final determination of the petition by trial or otherwise, the district court shall enter a decree binding upon all parties thereto for all persons then confined from said county or counties joined in the petition, stating the dollar amount of the confinement or detention costs per person per day which shall be paid by any such county confining or detaining persons in the jail or facility pursuant to a court order made under section 20-604, Idaho Code. Such decree shall have the force and effect of a final judgment, but the district court shall have continuing jurisdiction to vacate or modify such decree upon a material change of circumstances affecting such costs.

History:

[I.C., sec. 20-606, as added by 1973, ch. 2, sec. 4, p. 4; am. 1989, ch. 231, sec. 1, p. 560.]
Idaho Code § 20-409 — Idaho Code / Title 20 / Chapter 4 / Section 20-409
20-409 PAYMENT OF EXPENSES OF BOARD.
Status: in_force

20-409. Payment of expenses of board. The expenses of the board shall be paid from the correctional industries betterment account.

History:

[I.C., sec. 20-409, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 7, p. 223; am. 1983, ch. 223, sec. 2, p. 619.]
Idaho Code § 20-214 — Idaho Code / Title 20 / Chapter 2 / Section 20-214
20-214 ASSISTANTS AND OFFICERS.
Status: in_force

20-214. Assistants and officers. The state board of correction shall have power and authority to employ, to specify the training, and to fix the duties of such assistants, officers and other persons necessary for the proper and efficient administration of the department of correction and the property used in connection therewith, for the administration of the parole and probation system, and generally for the carrying out of the provisions of this act, subject to the provisions of chapter 53, title 67, Idaho Code.

History:

[20-214, added 1947, ch. 53, sec. 14, p. 59; am. 1974, ch. 6, sec. 4, p. 28; am. 2001, ch. 16, sec. 1, p. 20.]
Idaho Code § 20-619 — Idaho Code / Title 20 / Chapter 6 / Section 20-619
20-619 FEE FOR MEDICAL SERVICE.
Status: in_force

20-619. Fee for medical service. (1) County sheriff departments administering county jails may charge a nominal fee of twenty dollars ($20.00) to any nonindigent inmate who has sufficient funds in his commissary or personal account for the purpose of seeing the jail provided doctor or nurse for a medical complaint. In the event that an inmate is indigent, such service shall be provided by the county at no cost.

(2) The county sheriff departments administering county jails may charge actual costs to any nonindigent inmate who has sufficient funds in his commissary or personal account for pharmaceuticals prescribed or authorized by jail medical staff.

(3) A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the inmate.

(4) All debts incurred pursuant to this section may be collected from the inmate's commissary or personal account, in whole or in part, at any time during the period of incarceration, whenever moneys exist in or are placed into the inmate's commissary or personal account, provided that the jail has in place a process by which the affected inmate may contest the assessment of moneys owed. Collection of moneys owed may occur at any time, in whole or in part, until such time as the full balance of the moneys owed is completely retired, provided that there shall be no further efforts to collect the debt after four (4) years from the date in which the debt was actually incurred.

(5) The county sheriff may require the inmate to provide health insurance information including, but not limited to, group, plan and identification numbers. The county sheriff is authorized to submit medical costs to the inmate's health insurance company on behalf of the inmate.

History:

[20-619, added 1994, ch. 213, sec. 1, p. 672; am. 2001, ch. 50, sec. 1, p. 92; am. 2005, ch. 181, sec. 2, p. 556.]
Idaho Code § 20-1011 — Idaho Code / Title 20 / Chapter 10 / Section 20-1011
20-1011 IMMUNITY FROM PAROLE OR RELEASE OF A PRISONER.
Status: in_force

20-1011. Immunity from parole or release of a prisoner. Neither a public entity nor a public employee or servant shall be financially responsible or liable for any injury resulting from determining whether to parole or release a prisoner or from determining the terms or conditions of his parole or release or from determining whether to revoke his parole or release.

History:

[(20-1011) 20-231, added 1980, ch. 297, sec. 15, p. 774; am. and redesig. 2021, ch. 196, sec. 13, p. 534.]
Idaho Code § 20-519 — Idaho Code / Title 20 / Chapter 5 / Section 20-519
20-519 EVIDENTIARY HEARING.
Status: in_force

20-519. Evidentiary hearing. If the juvenile denies the allegations in the petition, the court shall conduct a full evidentiary hearing, in the manner prescribed by the Idaho juvenile rules. The juvenile shall have the right to call witnesses on his own behalf. A record shall be made in all proceedings connected with the case and shall be preserved in the event of appeal. If at the conclusion of the evidentiary hearing the court finds the juvenile to come within the purview of the act, the court shall so rule, and then shall set the matter down for sentencing, or may, in the interest of time, hold a sentencing hearing at the conclusion of the evidentiary hearing if all information necessary to the disposition of the case is available at the time.

When a juvenile, other than the juvenile against whom the petition has been filed, is summoned as a witness in any hearing under this act, notwithstanding any other statutory provision, parents, a counselor, a friend or other person having a supportive relationship with the juvenile shall, if available, be permitted to remain in the courtroom at the witness stand with the juvenile during the juvenile's testimony unless, in written findings made and entered, the court finds that the juvenile's constitutional right to a fair trial will be unduly prejudiced.

History:

[(20-519) 1984, ch. 81, sec. 9, p. 154; am. 1989, ch. 54, sec. 1, p. 70; am. and redesig. 1995, ch. 44, sec. 20, p. 86.]
Idaho Code § 20-1005 — Idaho Code / Title 20 / Chapter 10 / Section 20-1005
20-1005 RULES GOVERNING PAROLE — LEGISLATIVE INTENT — RESTRICTIONS — REQUIRED PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION — REQUIRED REPORT.
Status: in_force

20-1005. RULES GOVERNING PAROLE — LEGISLATIVE INTENT — RESTRICTIONS — REQUIRED PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION — REQUIRED REPORT. (1) It is the intent of the legislature to focus prison space on those who commit the most serious offenses or who have the highest likelihood of offending in the future, and the commission, consistent with the provisions of this subsection, shall promulgate rules that establish clear guidelines and procedures that retain the commission's discretion in individual cases.

(2) Subject to the provisions of section 20-1004, Idaho Code, the commission shall have the power to establish rules under which any prisoner, excepting any under sentence of death, may be allowed to go upon parole but to remain while on parole in the legal custody and under the control of the board and subject to be taken back into confinement at the direction of the commission.

(3) Any prisoner who is granted parole under the interstate compact may be required to post a bond prior to release or prior to such acceptance under the interstate compact; such bond may be posted by the prisoner, the prisoner's family, or other interested party. Failure to successfully complete parole may be grounds for forfeiture of the bond. Upon successful completion of parole, the amount of the bond may be returned, less an amount for administrative costs as determined by commission rule, in compliance with chapter 52, title 67, Idaho Code. A request shall be made for return of the bond within one (1) year of discharge of the offense for which the particular offender was serving parole. Funds collected through the bonding process will be placed in a separate commission receipts fund that is hereby created in the state treasury and utilized for the extradition of parole violators.

(4) No person serving a sentence for rape, incest, committing a lewd act upon a child, or with an intent or an assault with intent to commit any such crimes, or serving a sentence for sexual abuse of an animal or sexual abuse of human remains, or whose history and conduct indicate to the commission that the person is a sexually dangerous person, shall be released on parole except upon the examination and evaluation of one (1) or more psychiatrists or psychologists or mental health professionals designated for this purpose by the department to be selected by the commission, and such evaluation shall be duly considered by the commission in making its parole determination. The commission may, in its discretion, likewise require a similar examination and evaluation for persons serving sentences for crimes other than those described in this subsection. No person making such evaluation shall be held financially responsible to any person for denial of parole by the commission or for the results of the future acts of such person if granted parole.

(5) Before considering the parole of any prisoner, the commission shall ensure that a risk assessment has been conducted pursuant to section 20-224, Idaho Code, and shall afford the prisoner the opportunity to be interviewed by the commission, a commissioner, or other commission staff designated by the executive director. A designated report and risk assessment, prepared by commission staff or a designated department of correction employee, that is specifically to be used by the commission in making a parole determination shall be exempt from public disclosure; such reports contain information from the presentence investigation report, medical or psychological information, the results of a risk assessment, victim information, designated confidential witness information, and criminal history information. A parole shall be ordered when, in the discretion of the commission, it is in the best interests of society and the commission believes the prisoner is able and willing to fulfill the obligations of a law-abiding citizen. Such determination shall not be a reward of clemency, and it shall not be considered to be a reduction of sentence or a pardon. The commission may also by its rules fix the times and conditions under which any application denied may be reconsidered. No action may be maintained against the commission or any individual commissioner in any court in connection with any decision taken by the commission to parole a prisoner, and neither the commission nor any individual commissioner shall be liable in any way for its action with respect thereto.

(6) In making any parole or commutation decision with respect to a prisoner, the commission shall consider the current risk assessment, criminal history, program participation, compliance and completion, institutional misconduct, and other individual characteristics related to the likelihood of offending in the future, as well as the compliance of the prisoner with any order of restitution that may have been entered according to section 19-5304, Idaho Code. The commission may make compliance with such an order of restitution a condition of parole.

(7) Except as provided in section 20-1004(3), Idaho Code, no provision of chapter 52, title 67, Idaho Code, shall apply to the commission.

(8) By February 1 of each year, the department and the commission shall submit a report to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee that describes the most common reasons for delay or denial of release, including statistical data supporting the conclusions of the report.

History:

[20-1005, added 2021, ch. 196, sec. 7, p. 530; am. 2022, ch. 124, sec. 25, p. 460; am. 2024, ch. 164, sec. 8, p. 627.]
Idaho Code § 20-520A — Idaho Code / Title 20 / Chapter 5 / Section 20-520A
20-520A DISMISS AND DISCHARGE UPON COMPLETION OF AUTHORIZED DRUG, MENTAL HEALTH OR OTHER AUTHORIZED PROBLEM SOLVING COURT PROGRAM.
Status: in_force

20-520A. dismiss and discharge upon completion of authorized drug, mental health or other authorized problem solving court program. If a juvenile offender has successfully completed and graduated from an authorized juvenile drug court program, juvenile mental health court program or other authorized problem solving court program and, during any period of probation that may have been served following such graduation, has satisfied the terms or conditions of the probation, the court may, if convinced by the showing made that there is no longer cause for continuing the period of probation, and if it be compatible with the public interest, terminate the juvenile's sentence, set aside the adjudication of the juvenile offender finding the juvenile offender within the purview of the juvenile corrections act, and finally dismiss the case and discharge the juvenile offender from the jurisdiction of the court. This section shall apply to the cases in which juvenile offenders have been found within the purview of the juvenile corrections act before the effective date of this section, as well as to cases that arise on or after the effective date of this section.

History:

[20-520A, added 2014, ch. 345, sec. 2, p. 866.]
Idaho Code § 20-250 — Idaho Code / Title 20 / Chapter 2 / Section 20-250
20-250 DEPARTMENT OF CORRECTION REPORTING REQUIREMENTS.
Status: in_force

20-250. Department of correction reporting requirements. The department of correction shall report to the legislature by February 1 of each year on the amount of savings generated and on the prison population impact under the policy framework of this act for the purpose of tracking the progress toward meeting the impact estimates and goals of the act.

History:

[20-250, added 2014, ch. 150, sec. 20, p. 431.]
Idaho Code § 20-1013 — Idaho Code / Title 20 / Chapter 10 / Section 20-1013
20-1013 PAROLE INFORMATION TO BE TRANSMITTED TO THE SHERIFF AND COUNTY PROSECUTOR.
Status: in_force

20-1013. Parole information to be transmitted to the sheriff and county prosecutor. Whenever any person committed to the custody of the board shall have been granted a parole by the commission, it shall be the duty of the commission to transmit to the sheriff and the prosecuting attorney of the county within which said prisoner shall be paroled a copy of the parole agreement and information as to the place of residence of said prisoner within said county, and the sheriff shall notify local law enforcement and other pertinent agencies.

History:

[(20-1013) 20-234, added 1947, ch. 53, sec. 34, p. 59; am. 1970, ch. 143, sec. 10, p. 425; am. 1974, ch. 6, sec. 6, p. 28; am. 1980, ch. 297, sec. 18, p. 774; am. 1984, ch. 85, sec. 1, p. 168; am. and redesig. 2021, ch. 196, sec. 15, p. 534.]
Idaho Code § 20-225 — Idaho Code / Title 20 / Chapter 2 / Section 20-225
20-225 PAYMENT FOR COST OF SUPERVISION.
Status: in_force

20-225. Payment for cost of supervision. Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($75.00) per month as determined by the board of correction. Costs of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist:

(1) The offender has diligently attempted but been unable to obtain employment.

(2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.

Money collected as a fee for services will be placed in the probation and parole receipts revenue fund, which is hereby created in the dedicated fund in the state treasury, and utilized to provide supervision for clients. Moneys in the probation and parole receipts revenue fund may be expended only after appropriation by the legislature. This section shall not restrict the court from ordering the payment of other costs and fees that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole.

History:

[20-225, added 1984, ch. 187, sec. 1, p. 437; am. 2003, ch. 130, sec. 1, p. 383; am. 2005, ch. 68, sec. 1, p. 233; am. 2010, ch. 235, sec. 8, p. 548; am. 2011, ch. 73, sec. 1, p. 155; am. 2012, ch. 109, sec. 3, p. 299.]
Idaho Code § 20-413 — Idaho Code / Title 20 / Chapter 4 / Section 20-413
20-413 GOODS AND SERVICES FOR GOVERNMENT, NONPROFIT ORGANIZATIONS, AND PUBLIC USE — CONTRACTS.
Status: in_force

20-413. Goods and services for government, nonprofit organizations, and public use — Contracts. The board is hereby authorized and empowered to cause the inmates in the state prison to be employed in the rendering of such services and in the production and manufacture of such articles, materials, and supplies as are now or may hereafter be needed by any public institution or agency of the state or any political subdivision thereof, including but not limited to counties, districts, municipalities, schools, nonprofit organizations, and other public use. The board may cause the inmates to be employed in rendering such services or producing and manufacturing such articles, materials, and supplies as are now or may hereafter be needed for use by the federal government for any department, agency or corporation thereof. The board may contract to sell products manufactured by correctional industries to retail or wholesale establishments within the state. The board or its designated agent may enter into contracts for the purposes of this article.

The board may contract with other state and federal penal institutions and with out-of-state governmental entities for the production, manufacture, exchange, sale, or purchase of goods, wares and merchandise manufactured or produced wholly or in part by inmates of the Idaho state penitentiary or of any state or federal penal institution.

History:

[I.C., sec. 20-413, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1978, ch. 147, sec. l, p. 329; am. 1980, ch. 101, sec. 11, p. 224; am. 1981, ch. 155, sec. 1, p. 267.]
Idaho Code § 20-703 — Idaho Code / Title 20 / Chapter 7 / Section 20-703
20-703 ENFORCEMENT OF COMPACT AND EFFECTUATION OF PURPOSE.
Status: in_force

20-703. Enforcement of compact and effectuation of purpose. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purpose and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.

History:

[20-703, added 1959, ch. 56, sec. 3, p. 117.]
Idaho Code § 20-536 — Idaho Code / Title 20 / Chapter 5 / Section 20-536
20-536 CONTRACTS WITH PRIVATE PROVIDERS OF SERVICES FOR JUVENILE OFFENDERS — CERTIFICATION REQUIRED.
Status: in_force

20-536. Contracts with private providers of services for juvenile offenders — Certification required. Nothing in this chapter shall prohibit the department from contracting with private providers or other entities for the provision of care, treatment and supervision of juvenile offenders committed to the custody of the department, if these programs are certified as in compliance with department standards within six (6) months after commencing operation.

History:

[(20-536) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 40, p. 96.]
Idaho Code § 20-408 — Idaho Code / Title 20 / Chapter 4 / Section 20-408
20-408 DUTIES OF BOARD.
Status: in_force

20-408. Duties of board. The board of correction shall:

(1) Recommend productive enterprises in such volume and of such kinds as to eliminate unnecessary idleness among the inmates and to provide diversified work activities that will serve as a means of vocational education and rehabilitation, as well as financial support;

(2) Determine the advisability and suitability of establishing, expanding, diminishing, or discontinuing any enterprise;

(3) Hold hearings and make rules for conducting such hearings. The board may, in its discretion, hold public hearings on any subject within its jurisdiction;

(4) Conduct programs of research, education and publicity for correctional industries products;

(5) Secure new markets for correctional industries products;

(6) Enter into such contracts and agreements as may be necessary or advisable pursuant to the provisions of this chapter;

(7) Appoint and employ all necessary officers, agents and other personnel, including any experts in any correctional industries enterprise pursuit, prescribe their duties and fix their compensation;

(8) Cooperate with any local, state or national organization or agency and to enter into contracts and agreements with such agencies for carrying on and promoting the purposes of this chapter;

(9) Adopt, rescind, modify and amend all necessary and proper orders, rules and regulations for the exercise of its powers and the performance of its duties as described in this section; and

(10) Keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all collections, receipts, deposits, withdrawals, disbursements, paid-outs, moneys, and other financial transactions made and done pursuant to this chapter. The books, records and accounts shall be open to inspection and audit by the legislative council and the public at all times.

History:

[20-408, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 6, p. 222; am. 1993, ch. 327, sec. 5, p. 1198; am. 2010, ch. 252, sec. 1, p. 642; am. 2020, ch. 83, sec. 7, p. 218.]
Idaho Code § 20-411 — Idaho Code / Title 20 / Chapter 4 / Section 20-411
20-411 INSURANCE OF PRODUCTS, MATERIALS AND EQUIPMENT — PAYMENT OF COST OF INSURANCE.
Status: in_force

20-411. Insurance of products, materials and equipment — Payment of cost of insurance. The board may, in its discretion, insure any or all products produced at any institution under the jurisdiction of the board of correction, whether the products are finished or unfinished, the materials from which such products are made or to be made, and the equipment necessary for the production thereof, against any and all risks of loss, wherever such products, materials or equipment are located, while in the possession of the institution and while in transit thereto or therefrom, or in storage, in such amounts as the board deems proper. The cost of such insurance shall be paid from the correctional industries betterment account.

History:

[I.C., sec. 20-411, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 9, p. 223; am. 1983, ch. 223, sec. 3, p. 619.]
Idaho Code § 20-219A — Idaho Code / Title 20 / Chapter 2 / Section 20-219A
20-219A IMPERSONATING A PROBATION/PAROLE OFFICER, A PRESENTENCE INVESTIGATOR OR CORRECTIONAL OFFICER — OFFICIAL BADGE AND IDENTIFICATION CARD.
Status: in_force

20-219A. Impersonating a probation/parole officer, a presentence investigator or correctional officer — Official badge and identification card. (1) Any person who for himself or as an agent or representative of another in this state who shall unlawfully exercise or attempt to exercise the functions of, or hold themselves out to anyone as, a probation/parole officer, a presentence investigator or correctional officer, whether acting in his own behalf as an official of the court or correction, or as the authorized or unauthorized agent or representative of another, is punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one (1) year, or both.

(2) It is a misdemeanor for any person who is not authorized and commissioned by the director of correction, to wear, exhibit or display in public an official badge, official uniform of a correctional officer, or identification card of the department of correction of the state of Idaho, and is punishable by a fine not exceeding five thousand dollars ($5,000), or imprisonment in the county jail not exceeding one (1) year, or both.

History:

[20-219A, added 1982, ch. 104, sec. 1, p. 285.]
Idaho Code § 20-201 — Idaho Code / Title 20 / Chapter 2 / Section 20-201
20-201 DEPARTMENT OF CORRECTION CREATED.
Status: in_force

20-201. Department of correction created. There is hereby created the department of correction. The state board of correction, as outlined in section 5, article X of the constitution of the state of Idaho, shall control, direct, and manage the department of correction consistent with the constitution of the state of Idaho and as required by law. The department of correction shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of state government.

History:

[20-201, added 1999, ch. 311, sec. 4, p. 777; am. 2021, ch. 196, sec. 1, p. 525; am. 2024, ch. 164, sec. 3, p. 624.]
Idaho Code § 20-514 — Idaho Code / Title 20 / Chapter 5 / Section 20-514
20-514 REPRESENTATION AT ALL STAGES OF PROCEEDINGS — APPOINTMENT OF COUNSEL — WAIVER — PAYMENT OF COST OF LEGAL SERVICES.
Status: in_force

20-514. representation at all stages of proceedings — Appointment of counsel — waiver — Payment of cost of legal services. (1) A juvenile who is being detained by a law enforcement officer or who is under formal charge of having committed, or who has been adjudicated for commission of, an act, omission or status that brings him under the purview of this act, is entitled:

(a) To be represented by an attorney to the same extent as an adult having his own counsel is so entitled pursuant to section 19-6009, Idaho Code; and

(b) To be provided with the necessary services and facilities of representation, including investigation and other preparation.

(2) A juvenile who is entitled to be represented by an attorney under subsection (1) of this section is entitled:

(a) To be counseled and defended at all stages of the matter beginning with the earliest time and including revocation of probation or recommitment;

(b) To be represented in any appeal; and

(c) To be represented in any other post-adjudication or review proceeding that the attorney or the juvenile considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding.

(3) A juvenile's right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.

(4) As early as possible in the proceedings, and in any event before the hearing of the petition on the merits, the juvenile and his parents, or guardian, shall be notified of their right to have counsel represent them. When it appears to the court that the juvenile or his parents or guardian desire counsel but are financially unable to pay for such legal services, the court shall appoint counsel to represent the juvenile and his parents or guardian; provided that in the event the court shall find that there is a conflict of interest between the interests of the juvenile and his parents or guardian, then the court shall appoint separate counsel for the juvenile, whether or not he or his parents or guardian are able to afford counsel, unless there is an intelligent waiver of the right of counsel by the juvenile, except as provided in subsection (6) of this section, and the court further determines that the best interest of the juvenile does not require the appointment of counsel. Counsel appointed under this section shall initially receive reasonable compensation from the county and the county shall have the right to be reimbursed for the cost thereof by the parents or guardian as hereafter provided in this section.

(5) Any waiver of the right to counsel by a juvenile under this act shall be made in writing, on the record and upon a finding by the court that:

(a) The juvenile has been informed of the right to counsel and the dangers and disadvantages of self-representation; and

(b) The waiver is intelligently made after consideration of the totality of the circumstances including, but not limited to:

(i) The age, maturity, intelligence, education, competency and comprehension of the juvenile;

(ii) The presence of the juvenile's parents or guardian;

(iii) The seriousness of the offense;

(iv) The collateral consequences of adjudication of the offense; and

(v) Whether the interests of the juvenile and his parents or guardian conflict.

(6) A juvenile shall not be permitted to waive the assistance to counsel in any of the following circumstances:

(a) If the juvenile is under the age of fourteen (14) years;

(b) In sentencing proceedings in which it has been recommended that the juvenile be committed to the legal custody of the department of juvenile corrections;

(c) In proceedings in which the juvenile is being adjudicated for commission of a crime of a sexual nature;

(d) In proceedings in which the juvenile is being adjudicated for commission of a felony;

(e) In hearings upon a motion to waive jurisdiction under the juvenile corrections act pursuant to section 20-508, Idaho Code;

(f) In hearings upon a motion to examine the juvenile to determine if he is competent to proceed pursuant to section 20-519A, Idaho Code; or

(g) In recommitment proceedings.

(7) Upon the entry of an order finding the juvenile is within the purview of this act, the parents, spouse or other person liable for the support of the juvenile, or the estates of such persons, and the estate of such juvenile, may be required by the court to reimburse the county for all or a portion of the cost of those legal services rendered to the juvenile by counsel appointed pursuant to this section that are related to the finding that the juvenile is within the purview of this act, unless the court finds such persons or estate to be indigent as described in section 19-6011, Idaho Code, and the requirement would impose a manifest hardship on those persons responsible for the juvenile or the estates. The current inability of those persons or entities to pay the reimbursement shall not, in and of itself, restrict the court from ordering reimbursement.

(8) The prosecuting attorney of each county may, on behalf of the county, recover payment or reimbursement, as the case may be, from each person or estate who is liable for the payment or reimbursement of the cost of court appointed counsel for the juvenile, as provided in subsection (7) of this section. In the event such payment or reimbursement is not made upon demand by the prosecuting attorney, suit may be brought against such persons by the prosecuting attorney within five (5) years after the date on which such counsel was appointed by the court.

History:

[(20-514) 1976, ch. 246, sec. 2, p. 846; am. and redesig. 1995, ch. 44, sec. 15, p. 82; am. 2013, ch. 222, sec. 2, p. 522; am. 2023, ch. 220, sec. 36, p. 682.]
Idaho Code § 20-519B — Idaho Code / Title 20 / Chapter 5 / Section 20-519B
20-519B DETERMINATION OF COMPETENCY OF JUVENILE TO PROCEED — SUSPENSION OF PROCEEDINGS — RESTORATION ORDER — COMMITMENT.
Status: in_force

20-519B. DETERMINATION OF competency OF JUVENILE TO PROCEED — SUSPENSION OF PROCEEDINGS — RESTORATION ORDER — COMMITMENt. (1) The court shall hold a hearing no later than thirty (30) days after the report of the examiner or evaluation committee is filed pursuant to the provisions of section 20-519A, Idaho Code. At the hearing, the court may receive as evidence the report of the examiner or evaluation committee. In considering whether the juvenile is competent to proceed, the court shall consider the following:

(a) A description of the nature, content, extent and results of the examination and any test that was conducted;

(b) The juvenile's capacity to understand the charges or allegations against the juvenile;

(c) The juvenile's capacity to understand the range and nature of possible penalties that may be imposed in the proceedings;

(d) The juvenile's capacity to understand the adversarial nature of the legal process;

(e) The juvenile's capacity to disclose to counsel facts pertinent to the proceedings at issue;

(f) Whether the juvenile is able to display appropriate courtroom behavior;

(g) Whether the juvenile is able to receive accurate impressions of the facts about which he or she is examined, is able to appreciate the meaning of an oath to tell the truth and has an understanding of the potential consequences of not telling the truth;

(h) The examiner's opinion as to the competency of the juvenile as defined in subsection (2) of section 20-519A, Idaho Code.

(2) The weight to be given to each of the factors listed in subsection (1) of this section is discretionary with the court and a determination that the juvenile is or is not competent to proceed may be based on any one (1) or a combination of such factors, which shall be recited in the court's order regarding competency.

(3) If neither the prosecuting attorney nor counsel for the juvenile contests the findings of the report of the examiner or evaluation committee, the court may make the determination on the basis of such report. If a party contests the findings of such report, they shall have the right to cross-examine the qualified psychiatrist or licensed psychologist who prepared and submitted the report and to offer evidence upon this issue. A finding of incompetency shall be based upon a preponderance of the evidence.

(4) If the court finds the juvenile is competent to proceed, the proceedings shall continue without delay.

(5) If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within six (6) months, the court may stay or dismiss the matter. In determining whether to stay or dismiss the matter, the court shall consider all relevant factors including, but not limited to, the seriousness of the alleged offense, resources available to the juvenile and any issues of public safety. Prior to a stay or dismissal of the matter, the court may convene a screening team consisting of representatives from the department of health and welfare, county probation, local school officials, and/or other agencies or persons designated by the court to develop a treatment plan for the juvenile. In developing such treatment plan, the recommendations contained in the competency examination shall be considered to ensure necessary services for the juvenile are put into place. Parents and guardians of the juvenile, if available, shall be included in the screening team and consulted with regard to the plan of treatment. If appropriate, the court may hold a hearing to determine whether proceedings under chapter 24, title 16, or chapter 3 or 4, title 66, Idaho Code, should be instituted. If such proceedings are initiated, the juvenile court may retain jurisdiction over said proceedings.

(6) If the court determines that the juvenile is incompetent to proceed, but may be restored to competency within six (6) months, the court shall order a plan of treatment to be developed by the department of health and welfare for the juvenile to undergo efforts at restoration to competency. The court may:

(a) Convene a restoration treatment team to make recommendations on a plan of treatment;

(b) Order any agencies that have treated or had custody of the juvenile to release any pertinent information or records to the department of health and welfare to be used in the development and implementation of the juvenile's restoration plan;

(c) Order the department of health and welfare, county probation, school officials and the department of juvenile corrections to release all pertinent information regarding the juvenile to the court, the department of health and welfare and any restoration treatment team to be used in the development and implementation of the juvenile's restoration plan;

(d) Require the parents or guardians of the juvenile, and where appropriate require the juvenile, to allow information pertinent to the restoration treatment plan be released to the department of health and welfare, the court and any restoration treatment team.

(7) If the court determines that the juvenile is incompetent to proceed, but may be restored to competency, the court may order a juvenile to participate in the competency restoration program as developed by the department of health and welfare. The purpose of the treatment or training is the restoration of the juvenile's competency to proceed. In determining the type and location of the competency restoration program and in designating a restoration provider, the department of health and welfare shall identify the least restrictive alternative that is consistent with public safety and consider whether inpatient treatment, residential care or secure confinement is necessary for program participation.

(a) An inpatient or residential or secure detention facility is only appropriate if all available less restrictive alternatives in community settings which would offer an opportunity for improvement of the juvenile's condition are inappropriate. If the department of health and welfare's plan of restoration requires the juvenile be placed in an inpatient, residential or secure detention facility, the court shall hold a hearing on whether to order such placement unless the hearing is waived by the juvenile and the juvenile's parents or guardians. Juveniles charged with only a status offense or multiple status offenses shall not be held in a secure confinement or detention facility for restoration purposes.

(b) The department of health and welfare is responsible for determining the competency restoration program and services. All costs associated with restoration services shall be the responsibility of the parents of the juvenile according to their ability to pay pursuant to section 39-3140, Idaho Code. The financial obligation of the parents shall be determined after consideration of all available payment and funding sources including title XIX of the social security act, as amended, all available third party sources including funding available to the juvenile from other programs, grants or agencies and parent resources according to any order for child support under chapter 10, title 32, Idaho Code. Services shall not be conditioned upon transfer of custody of parental rights.

(8) If a juvenile is determined to be incompetent to proceed but may be restored to competency, the court shall retain jurisdiction of the juvenile for up to six (6) months. A restoration order issued pursuant to this section is valid for six (6) months from the date of the initial finding of incompetency or until one (1) of the following, whichever occurs first:

(a) The restoration program submits a report that the juvenile has become competent to proceed or that there is no substantial probability that the juvenile will regain competency within the period the order is valid;

(b) The charges are dismissed; or

(c) The juvenile reaches twenty-one (21) years of age.

(9) The court may extend the restoration order beyond six (6) months upon a showing of good cause. If the juvenile reaches twenty-one (21) years of age, the matter shall be dismissed. If the court concludes that there is no substantial probability that the juvenile will regain competency within the period the order is valid, then the provisions of subsection (5) of this section shall apply.

History:

[20-519B, added 2011, ch. 178, sec. 2, p. 507; am. 2025, ch. 110, sec. 19, p. 588.]
Idaho Code § 20-502 — Idaho Code / Title 20 / Chapter 5 / Section 20-502
20-502 DEFINITIONS.
Status: in_force

20-502. Definitions. When used in this chapter, unless the context otherwise requires:

(1) "Adult" means a person eighteen (18) years of age or older.

(2) "Assessment" means a comprehensive and individualized examination of the mental health, substance use, or other needs for a juvenile that typically results in treatment interventions and recommendations.

(3) "Commit" means to transfer legal custody.

(4) "Community-based program" means an in-home confinement program or a nonsecure or staff-secure residential or nonresidential program operated to supervise and provide competency development to juvenile offenders in the least restrictive setting, consistent with public safety, operated by the state or under contract with the state or by the county.

(5) "Court" means any district court within the state of Idaho or magistrate division thereof.

(6) "Custody review board" means the board created and authorized by law to review cases of juveniles in custody of the department.

(7) "Department" means the state department of juvenile corrections.

(8) "Detention" means the temporary placement of juvenile offenders who require secure custody for their own or the community's protection in physically restricting facilities.

(9) "Director" means the director of the department of juvenile corrections.

(10) "Diversion" means an alternative to formal prosecution of a juvenile offense. Diversion describes intervention approaches that redirect juveniles away from formal court processing in the juvenile justice system while applying the principles of the balanced approach and restorative justice. Diversion strategies take place at arrest, referral, intake, or prior to or after the filing of a petition and should provide the same array of services as formal court processing, except for detention. Diversion may be appropriate for low-risk or moderate-risk offenders as informed by results of a valid screening instrument.

(11) "Judge" means a district judge or a magistrate.

(12) "Juvenile" means a person less than eighteen (18) years of age or who was less than eighteen (18) years of age at the time of any alleged act, omission or status.

(13) "Juvenile correctional center" means any state-operated residential facility or facility operated pursuant to a contract with the state that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.

(14) "Juvenile detention center" means a secure facility established pursuant to sections 20-517 and 20-518, Idaho Code, and in compliance with IDAPA 05.01.02.

(15) "Juvenile offender" means a person under the age of eighteen (18) years at the time of any act, omission or status and who has been adjudicated as being within the purview of this chapter.

(16) "Legal custody" means the relationship created by the court's decree that imposes upon the custodian responsibilities of physical possession of the juvenile offender, the duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care.

(17) "Legal guardian" means a person appointed as guardian of a minor under the laws of Idaho. For the purposes of this chapter, legal guardian does not include and shall not be construed to include the owner or operator or the agent of an owner or operator of a detention center, observation and assessment center, secure facility, residential facility or other facility having temporary or long-term physical custody of the juvenile offender.

(18) "Observation and assessment program" means any state-operated or purchased service program responsible for temporary custody of juvenile offenders for observation and assessment.

(19) "Screening" means a brief process, typically using a validated tool to identify juveniles who warrant immediate attention, intervention, or a more comprehensive assessment. Screening tools help guide and identify juveniles who might be appropriate for diversion or who need comprehensive mental health or substance use assessments.

(20) "Secure facility" means any architecturally secure residential facility that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.

(21) "Staff-secure facility" means a nonarchitecturally secure residential facility with awake staff twenty-four (24) hours a day, seven (7) days a week for intensive supervision of juvenile offenders.

(22) "Validated risk/needs assessment" means a validated instrument that measures a juvenile's criminal risk factors and specific needs that, if addressed, should reduce the juvenile's likelihood to reoffend.

(23) "Work program" means a public service work project that employs juvenile offenders at a reasonable wage for the purpose of reimbursing victims of the juvenile offender's delinquent behavior.

History:

[(20-502) 16-1802, added 1963, ch. 319, sec. 2, p. 876; am. 1973, ch. 27, sec. 1, p. 51; am. 1984, ch. 81, sec. 3, p. 149; am. 1989, ch. 155, sec. 2, p. 375; am. 1990, ch. 245, sec. 1, p. 696; am. 1990. ch. 355, sec. 1, p. 959; am. and redesig. 1995, ch. 44, sec. 3, p. 71; am. 1995, ch. 277, sec. 1, p. 926; am. 1997, ch. 83, sec. 1, p. 195; am. 2000, ch. 139, sec. 1, p. 365; am. 2012, ch. 19, sec. 2, p. 40; am. 2021, ch. 18, sec. 2, p. 43; am. 2022, ch. 23, sec. 1, p. 65.]
Idaho Code § 20-524A — Idaho Code / Title 20 / Chapter 5 / Section 20-524A
20-524A DEPARTMENT'S PAYMENT OF DETENTION COSTS.
Status: in_force

20-524A. department's Payment of detention costs. If the juvenile offender is committed to the custody of the department of juvenile corrections pursuant to chapter 5, title 20, Idaho Code, the department shall reimburse the county for the period of time in excess of five (5) calendar days during which the juvenile offender is housed at a detention center. This time period shall begin to run on the first business day the department receives a copy of the order of commitment, executed by the court. Orders received by the department after 3 o'clock p.m., mountain time, on a business day, will be considered to have been received the next business day. Facsimile transmissions of the order are acceptable.

History:

[20-524A, added 2004, ch. 50, sec. 4, p. 239; am. 2012, ch. 19, sec. 20, p. 58; am. 2026, ch. 13, sec. 2, p. 96.]
Idaho Code § 20-239A — Idaho Code / Title 20 / Chapter 2 / Section 20-239A
20-239A RELEASE UPON GRANT OF PAROLE.
Status: in_force

20-239A. Release upon grant of parole. Any convicted person undergoing sentence in the penitentiary who has a parole eligibility date which falls on a Saturday, Sunday or legal holiday may be granted a parole release date by the Idaho commission for pardons and parole which falls on the last weekday immediately preceding such Saturday, Sunday or legal holiday.

History:

[20-239A, added 2008, ch. 42, sec. 1, p. 99.]
Idaho Code § 20-101 — Idaho Code / Title 20 / Chapter 1 / Section 20-101
20-101 ESTABLISHMENT AND USE OF PENITENTIARY AND REHABILITATION CENTERS.
Status: in_force

20-101. Establishment and use of penitentiary and rehabilitation centers. There shall be continually maintained for the care and custody of prisoners in Idaho, correctional facilities, and state rehabilitation centers, for use by the state board of correction located in the county of Ada and at such other places in the state of Idaho as may be determined by the board of correction; provided however that no facility may be acquired except as provided by law. All offenders convicted and sentenced according to law to imprisonment in the state prison, shall be committed to the custody of the state board of correction. All persons convicted of crimes against the laws of this state, and sentenced to confinement in the state prison shall be committed to the custody of the state board of correction, and must, during the term of their confinement, perform such labor under such rules and regulations as may be prescribed by the state board of correction.

History:

[(20-101) Part of R.S., sec. 8500 and 1890-1891, p. 21, sec. 1; reen. 1899, p. 13, sec. 1; compiled R.C. & C.L., sec. 8460; C.S., sec. 9355; I.C.A., sec. 20-101; am. 1970, ch. 143, sec. 5, p. 425; am. 1971, ch. 331, sec. 1, p. 1299.]
Idaho Code § 20-808 — Idaho Code / Title 20 / Chapter 8 / Section 20-808
20-808 MONITORING PRIVATE PRISONS.
Status: in_force

20-808. Monitoring private prisons. In addition to and without limiting the authority provided in this chapter or by contract entered into pursuant to section 20-805, Idaho Code, or as provided by other applicable law, the board of county commissioners, the county sheriff, the prosecuting attorney or the authorized agents and employees of a county in which a private prison facility is located and the governing board of a city, the city attorney, law enforcement personnel of the city and other authorized agents and employees of the city in which a private prison facility is located, shall be authorized to monitor the facility and to enter the facility and the grounds thereof for the following purposes:

(1) To determine if the private prison contractor, its personnel and the private prison facility are in compliance with the provisions of this chapter, all laws of the state of Idaho and any ordinances or written policies and procedures of the county or city governing the private prison facility;

(2) To investigate any criminal conduct which has occurred, is occurring or is alleged to have occurred in or on the grounds of, or otherwise in connection with, the facility;

(3) To determine whether the facility is being operated in a manner which adequately safeguards and protects the safety of the public;

(4) To review prisoner security or custody classifications to determine whether any classifications need to be revised.

History:

[20-808, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec. 7, p. 1189.]
Idaho Code § 20-535 — Idaho Code / Title 20 / Chapter 5 / Section 20-535
20-535 REVIEW OF PROGRAMS FOR JUVENILE OFFENDERS — CERTIFICATION.
Status: in_force

20-535. Review of programs for juvenile offenders — Certification. The department shall annually review all state operated or state contracted programs which provide services to juvenile offenders and certify compliance with standards provided by the department. Written reviews shall be provided to the managers of those programs. Based upon policies established by the department, those programs which are unable or unwilling to comply with approved standards may not be certified. Any person owning or operating a private facility who willfully fails to comply with the standards established by the department shall be guilty of a misdemeanor.

History:

[(20-535) 1989, ch. 155, sec. 9, p. 385; am. and redesig. 1995, ch. 44, sec. 39, p. 96; am. 2012, ch. 19, sec. 31, p. 63.]
Idaho Code § 20-212 — Idaho Code / Title 20 / Chapter 2 / Section 20-212
20-212 RULES — AUTHORITY OF BOARD.
Status: in_force

20-212. Rules — Authority of board. (1) The state board of correction shall make all necessary rules to carry out the provisions of this chapter not inconsistent with express statutes or the state constitution and to carry out those duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20, Idaho Code. The board shall fix the time and place of meetings, the order of business, the form of records to be kept, the reports to be made, and all other rules necessary to the efficient management and control of the state penitentiary and all properties used in connection therewith. All rules of the board shall be subject to review of the legislature pursuant to sections 67-454 and 67-5291, Idaho Code, but no other provisions of chapter 52, title 67, Idaho Code, shall apply to the board, except as otherwise specifically provided by statute. When making rules required by this section, the board or the department shall submit the rules to the office of the state administrative rules coordinator in a format suitable to the office of the state administrative rules coordinator as provided in section 67-5202, Idaho Code, and the board or department shall pay all the fees provided in section 67-5205, Idaho Code. The office of the state administrative rules coordinator is authorized and shall publish the board or department's rules in the administrative bulletin. Additionally, whenever the board or department desires to amend, modify or repeal any of its rules, it shall follow the procedure provided in this section. All rules or the amendment or repeal of rules shall be effective thirty (30) days after the date of publication by the office of the administrative rules coordinator. If the board determines that the rules need to be effective at a sooner date, they shall issue a proclamation indicating that the public health, safety and welfare is in jeopardy and, if the governor agrees, the rules shall be effective upon the governor signing the proclamation.

(2) "Rule" as used in this section means the whole or a part of the board of correction or department of correction's statement of general applicability that has been promulgated in compliance with the provisions of this section and that implements, interprets or prescribes:

(a) Law or policy; or

(b) The procedure or practice requirements of the board or department. The term includes the amendment, repeal, or suspension of an existing rule, but does not include:

(i) Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public; or

(ii) Declaratory rulings issued pursuant to statute or the board's rules; or

(iii) Intra-department memoranda; or

(iv) Any written statements given by the department or board that pertain to an interpretation of a rule or to the documentation of compliance with a rule.

(3) At the same time that the proclamation of rulemaking is filed with the coordinator, the board or department shall provide the same notice, the full text of the rule under consideration in legislative format, and a statement of the substance of the intended action to the director of legislative services. If the rulemaking is based on a requirement of federal law or regulation, a copy of that specific federal law or regulation shall accompany the submission to the director of legislative services. The director of legislative services shall analyze and refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code.

(4) The board or department shall prepare and deliver to the germane joint subcommittee a statement of economic impact with respect to a rule if the germane joint subcommittee files a written request with the board or department for such a statement. The statement shall contain an evaluation of the costs and benefits of the rule, including any health, safety, or welfare costs and benefits. The adequacy of the contents of the statement of economic impact is not subject to judicial review.

History:

[20-212, added 1947, ch. 53, sec. 12, p. 59; am. 1999, ch. 311, sec. 3, p. 775; am. 2000, ch. 228, sec. 1, p. 641; am. 2001, ch. 335, sec. 13, p. 1193; am. 2023, ch. 314, sec. 9, p. 963.]
Idaho Code § 20-243 — Idaho Code / Title 20 / Chapter 2 / Section 20-243
20-243 DELIVERY OF CONVICTED PERSON TO PENITENTIARY OR BOARD — COPY OF COMMITMENT — RECEIPT FOR DELIVERY OF PRISONER.
Status: in_force

20-243. Delivery of convicted person to penitentiary or board — Copy of commitment — Receipt for delivery of prisoner. When any convicted person is delivered to the penitentiary or to the custody of the board of correction, the officer having the prisoner in charge shall deliver to the state board of correction or such official, as the board may designate:

(1) A certified copy of the commitment received by such officer from the clerk of the court where the convicted person was tried, and such certified copy of the commitment shall be evidence of the fact therein contained;

(2) A copy or summary of such medical records of the prisoner as may have been prepared or received by the agency or institution from whose custody the prisoner is being delivered, including at least a written report of any suicide attempts, abnormal behavior, seizures or other significant facts affecting the prisoner's medical condition which were observed during his confinement prior to the delivery;

(3) All unused portions of medications prescribed to the prisoner while in custody and any legitimate prescription medication in the prisoner's possession when taken into custody;

and shall take from such official a certificate of the delivery of such convicted person.

History:

[20-243, added 1947, ch. 53, sec. 43, p. 59; am. 1970, ch. 143, sec. 14, p. 425; am. 1982, ch. 98, sec. 1, p. 277.]
Idaho Code § 20-612 — Idaho Code / Title 20 / Chapter 6 / Section 20-612
20-612 RECEPTION AND BOARD OF PRISONERS.
Status: in_force

20-612. Reception and board of prisoners. The sheriff must receive all persons committed to jail by competent authority except mentally ill persons not charged with a crime and juveniles. It shall be the duty of the board of county commissioners to furnish all persons committed to the county jail with necessary food, clothing, bedding, and medical care, and the board of county commissioners is authorized to pay therefor out of the county treasury under such rules and regulations as they may prescribe. The county's obligation herein shall not apply when the person is no longer committed to the county jail if the person has been released pursuant to a dismissal, bail, or any other court order of release, unless the release is a temporary release from the jail solely for the purpose of receiving medical care for an injury that occurred while committed in the county jail. Nothing in this chapter precludes a released person from access to coverage under chapter 35, title 31, Idaho Code.

History:

[(20-612) 1863, p. 475, sec. 30; R.S., R.C., & C.L., sec. 8539; C.S., sec. 9429; I.C.A., sec. 20-615; am. 1949, ch. 150, sec. 1, p. 306; am. 1992, ch. 138, sec. 2, p. 428; am. 1994, ch. 362, sec. 2, p. 1136; am. 2019, ch. 255, sec. 1, p. 763.]
Idaho Code § 20-403 — Idaho Code / Title 20 / Chapter 4 / Section 20-403
20-403 GOVERNING BODY CREATED — MEMBERS.
Status: in_force

20-403. Governing body created — Members. There is hereby created the governing body which shall consist of the members of the board of correction.

History:

[I.C., sec. 20-403, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 1, p. 221.]
Idaho Code § 20-404 — Idaho Code / Title 20 / Chapter 4 / Section 20-404
20-404 AUTHORITY AND DUTIES VESTED IN BOARD.
Status: in_force

20-404. Authority and duties vested in board. The authority and duties established in this chapter are vested in the board of correction.

History:

[20-404, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 2, p. 221; am. 2020, ch. 83, sec. 4, p. 218.]
Idaho Code § 20-528 — Idaho Code / Title 20 / Chapter 5 / Section 20-528
20-528 APPEALS.
Status: in_force

20-528. Appeals. All orders or final judgments made by any court in matters affecting a juvenile offender within the purview of this act may be appealed by the juvenile offender or the state. A decision by the court pursuant to section 20-508, Idaho Code, not to waive jurisdiction under this act over the juvenile offender may be appealed by the state. Appeals shall be reviewed as provided by the appellate rules of the supreme court of Idaho, except no undertaking shall be required. Upon filing of the notice of appeal, the district court shall take jurisdiction of the case and if the juvenile offender is in detention shall promptly hold a hearing after the filing of a request to determine whether the juvenile offender shall remain in detention.

History:

[(20-528) 1963, ch. 319, sec. 19, p. 876; am. 1971, ch. 170, sec. 3, p. 805; am. 1980, ch. 134, sec. 1, p. 293; am. and redesig. 1995, ch. 44, sec. 29, p. 92; am. 1997, ch. 54, sec. 1, p. 92; am. 2012, ch. 19, sec. 24, p. 61.]
Idaho Code § 20-504 — Idaho Code / Title 20 / Chapter 5 / Section 20-504
20-504 DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS.
Status: in_force

20-504. Duties of the department of juvenile corrections. (1) The department shall have jurisdiction over all juvenile offenders committed to it pursuant to chapter 5, title 20, Idaho Code.

(2) The department shall have legal custody over all juvenile offenders committed to it by the courts of this state for confinement. The department shall not have legal guardianship of any juvenile offender.

(3) The department is responsible for all juvenile offenders committed to it by the courts of this state for confinement. The department shall also establish minimum standards for detention, care and certification of approved detention facilities based upon such standards.

(4) The department shall establish and administer all secure residential facilities including all state juvenile correctional centers.

(5) The department shall make all decisions regarding placement of juvenile offenders committed to it in the most appropriate program for supervision and treatment.

(6) The department shall establish an observation and assessment process for juvenile offenders committed to it by a court.

(7) The department shall establish liaison services with the counties or within the department's regions.

(8) The department may establish and operate work programs designed to employ juvenile offenders committed to it in public service work projects for the purpose of reimbursing victims of the juvenile offender's delinquent behavior.

(9) The department is hereby authorized and may place juvenile offenders committed to it pursuant to this chapter in a community-based or private program; provided, that the person, agency or association operating the facility or program has been approved and has otherwise complied with all applicable state and local laws.

(10) The department shall establish minimum standards for the operation of all private residential and nonresidential facilities and programs that provide services to juvenile offenders committed to the department. The standards shall be no more stringent than standards imposed for facilities operated by the department or for detention facilities operated by counties.

(11) The department shall provide technical assistance to counties establishing research-based programs for juvenile offenders who either have been found to come under the purview of this chapter or who have had their case informally diverted pursuant to section 20-511, Idaho Code, and who have not been committed to the legal custody of the department.

(12) The department shall have authority to adopt such administrative rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, as are deemed necessary or appropriate for the functioning of the department and the implementation and administration of this act.

(13) Subject to any competitive bidding requirements otherwise provided by law, the department shall have authority to enter into contracts with a private association or organization or other public agency or organization for the inspection and licensure of detention facilities.

(14) Subject to any competitive bidding requirements otherwise provided by law, the department shall have authority to enter into contracts with private providers or local governmental agencies for the confinement or other permanent or temporary placement of juvenile offenders committed to its custody.

(15) The department shall have authority to apply for, receive and expend federal funds, subject to appropriation by the legislature. The department shall have authority to establish guidelines for and administer the distribution of state juvenile corrections act funds to counties for the employment and training of county probation officers, the establishment of secure and nonsecure residential or nonresidential facilities and programs for juvenile offenders. The department may require that a county provide matching funds as a condition of receiving juvenile corrections act funds. The department, by rule, in cooperation with the courts and the counties, shall establish uniform standards for county juvenile probation services, as well as qualifications for and standards for the training of juvenile probation officers.

History:

[(20-504) 1989, ch. 155, sec. 9, p. 380; am. and redesig. 1995, ch. 44, sec. 5, p. 73; am. 1995, ch. 277, sec. 3, p. 928; am. 1997, ch. 83, sec. 2, p. 197; am. 1997, ch. 261, sec. 1, p. 745; am. 2000, ch. 139, sec. 2, p. 366; am. 2003, ch. 35, sec. 1, p. 154; am. 2004, ch. 50, sec. 2, p. 236; am. 2007, ch. 47, sec. 1, p. 118; am. 2012, ch. 19, sec. 4, p. 42.]
Idaho Code § 20-206 — Idaho Code / Title 20 / Chapter 2 / Section 20-206
20-206 ORGANIZATION OF BOARD — ELECTION OF VICE-CHAIRMAN AND SECRETARY, TERMS.
Status: in_force

20-206. Organization of board — Election of vice-chairman and secretary, terms. At the first meeting after they have qualified for office, the board shall proceed to organize by the election of one (1) of their members as a vice-chairman and the other as secretary. Such officers shall serve during the succeeding biennium.

History:

[20-206, added 1947, ch. 53, sec. 6, p. 59.]
Idaho Code § 20-601 — Idaho Code / Title 20 / Chapter 6 / Section 20-601
20-601 COUNTY JAILS — BY WHOM KEPT AND FOR WHAT USE.
Status: in_force

20-601. County jails — By whom kept and for what use. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows:

1. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases.

2. For the detention of persons charged with crime and committed for trial.

3. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law.

4. For the confinement of persons sentenced to imprisonment therein upon a conviction for crime.

5. Any person who is arrested and taken to a county jail shall submit to the entire booking process, to include, but not be limited to, having his or her photograph taken and his or her fingerprints recorded. Any person who refuses to submit to the entire booking process will be held in the county jail until the process is completed, or until ordered to be released by a magistrate or district judge. A person held under this section shall be taken before a magistrate at the next scheduled first appearance time, but shall not be released until either the entire booking process is completed or the judge orders the release.

History:

[(20-601) 1863, p. 475, sec. 17; R.S., R.C., & C.L., sec. 8525; C.S., sec. 9415; I.C.A., sec. 20-601; am. 1999, ch. 301, sec. 1, p. 753.]
Idaho Code § 20-603 — Idaho Code / Title 20 / Chapter 6 / Section 20-603
20-603 AUTHORITY TO DESIGNATE DETENTION OFFICERS TO ACT AS PEACE OFFICERS.
Status: in_force

20-603. Authority to designate detention officers to act as peace officers. All detention officers employed by the county sheriff 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. The county sheriff shall have the authority to designate detention officers to act as peace officers when engaged in:

(1) Transportation of prisoners or apprehension and arrest of prisoners who have escaped; or

(2) Apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation; or

(3) Arrest of a person pursuant to court order or arrest warrant; or

(4) Arrest of a person without a warrant in cases where there is probable cause to believe the person has committed a crime within the confines of a county jail.

History:

[20-603, added 2000, ch. 145, sec. 1, p. 374; am. 2013, ch. 146, sec. 1, p. 342.]
Idaho Code § 20-512 — Idaho Code / Title 20 / Chapter 5 / Section 20-512
20-512 SUMMONS — NOTICE — CUSTODY OF JUVENILE.
Status: in_force

20-512. Summons — Notice — Custody of juvenile. After a petition shall have been filed and after such further investigation as the court may direct, and if the matter is set for hearing, the court shall issue a summons requiring the person or persons who have custody or control of the juvenile to appear personally and bring the juvenile before the court at a time and place stated; provided, however, if hearing is to be held, it shall be held not later than fifteen (15) days after the summons is issued unless the court should order on being shown cause that the time be extended. If the person so summoned shall be other than a parent or guardian of the juvenile, then the parent or guardian or both shall also be notified of the pendency of the case and of the time and place appointed for the hearing. Notice shall be given as hereinafter provided. A subpoena may be issued requiring the appearance of any other person whose presence is required by the juvenile, his guardian or any other person who, in the opinion of the judge, is necessary. If it appears the juvenile is in such condition or surroundings that his welfare requires that he be taken into custody immediately, the judge, as provided in section 20-516, Idaho Code, may order by endorsement upon the summons that the officer serving the same shall at once take the juvenile into custody and bring him before the court.

History:

[(20-512) 1963, ch. 319, sec. 8, p. 876; am. and redesig. 1995, ch. 44, sec. 13, p. 81.]
Idaho Code § 20-209I — Idaho Code / Title 20 / Chapter 2 / Section 20-209I
20-209I ASSIGNMENT OF INMATES TO DO CONSERVATION WORK.
Status: in_force

20-209I. assignment of inmates to do conservation work. (1) Inmates may be assigned to do conservation work on a permanent or temporary basis. The board or its designated agent may, at such times as it deems proper and on such terms as it deems wise, enter into contracts or cooperative agreements with any public agency, state or federal, for the performance of conservation projects that are appropriate and under conditions consistent with policies established by the board.

(2) Inmates may be assigned to perform public conservation projects including, but not limited to, forest fire prevention and control, forest and watershed management, recreational area development, fish and game management, soil conservation, and forest watershed revegetation.

History:

[20-209I, added 2020, ch. 83, sec. 12, p. 220.]
Idaho Code § 20-629 — Idaho Code / Title 20 / Chapter 6 / Section 20-629
20-629 COSTS FOR RECAPTURE.
Status: in_force

20-629. COSTS FOR RECAPTURE. Whenever any Idaho county sheriff's office is required to expend money from its budget in order to travel to another state to collect a prisoner, probationer, or parolee who has absconded from the supervision of the Idaho department of correction, the sheriff, upon completion of the collection of the prisoner, probationer, or parolee and the placement of such person in the county jail, may seek reimbursement for the cost of returning the person to Idaho from the agency from which the person absconded as indicated in court records. Such reimbursement shall be sought by submitting an invoice detailing the cost of such recapture, including any mileage or travel costs, costs for personnel, overtime costs associated with coverage for traveling personnel, or any other reasonable costs associated with returning the absconding person to custody in Idaho. The Idaho department of correction shall budget moneys annually for expenses as provided in this section and shall, upon receiving the invoice from a county sheriff's office, ensure reimbursement occurs within thirty (30) days of receiving such invoice.

History:

[20-629, added 2026, ch. 224, sec. 1, p. 1000.]
Idaho Code § 20-217A — Idaho Code / Title 20 / Chapter 2 / Section 20-217A
20-217A APPOINTMENT OF DIRECTOR — SALARY — POWERS AND DUTIES.
Status: in_force

20-217A. Appointment of director — Salary — Powers and duties. The board shall appoint a director of correction, referred to in this chapter as the director, of the Idaho state penitentiary whose salary shall be determined and set by the board. The director shall be the chief administrative officer for the board and business manager of the penitentiary and the properties used in connection therewith. The director shall assume all the authority, powers, functions and duties as may be delegated to him by the board.

History:

[I.C., sec. 20-217A, as added by 1967, ch. 364, sec. 2, p. 1052; am. 1969, ch. 97, sec. 6, p. 329.]
Idaho Code § 20-101C — Idaho Code / Title 20 / Chapter 1 / Section 20-101C
20-101C FURLOUGH — CONDITIONS — FAILURE TO RETURN — SPECIFICALLY AUTHORIZED FOR FUNERALS AND ACCIDENT OR ILLNESS.
Status: in_force

20-101C. Furlough — Conditions — Failure to return — Specifically authorized for funerals and accident or illness. The state board of correction or its designee shall, in its discretion have the power to establish rules and regulations under which an inmate may be privileged to furlough but to remain while on such leave in the legal custody and under the control of the state board of correction.

Before authorizing the furlough of an eligible inmate, the board of correction or its designee shall have said inmate appear before such board or designee and shall interview said inmate. An inmate shall be placed on furlough only when there has been made:

(1) an administrative verification of the reason for which the inmate requests furlough;

(2) arrangements for supervision, maintenance and care while on furlough;

(3) verification that travel arrangements directly to and from the place of destination, with all expenses paid by the inmate or his family; provided however, that in the case of an indigent inmate, said expenses may be satisfied from the inmate welfare fund;

(4) a determination of the leave duration, provided, however, that such leave may not exceed seventy-two (72) hours except in the case of a medical furlough for the purpose of diagnosis or treatment of a serious illness or injury;

(5) provision for signing a waiver of extradition;

(6) a determination and establishment in writing of any and all other conditions, terms and incidents requisite to such furlough;

(7) there are no detainers against said inmate; and

(8) said inmate has been classified to minimum custody for a minimum of six (6) months immediately prior to the granting of said furlough and has been recognized for meritorious performance by the board of correction or its delegated authority while so classified to minimum custody, except in the case of a medical furlough for diagnosis or treatment of a serious illness or injury. Medical furlough inmates may be classified to minimum custody for less than a six (6) month period and need not be recognized for meritorious performance.

Condition (8) need not be met when the inmate has been classified to minimum custody and has been released to one of the department of corrections's community work centers.

The voluntary and wilful failure of any inmate to abide by the terms of said furlough or to return to the state penitentiary prior to or at the expiration of the time allowed for such furlough shall be considered an escape or attempt to escape, as the case may be, from the custody of the state board of correction and shall be punishable pursuant to section 18-2505, Idaho Code.

Furlough is authorized for diagnosis or treatment of a serious illness or injury, funerals, serious illness or accidents of the immediate family of the inmate, family visitation, to seek employment, and such other purposes that contribute to and promote a transition from confinement to the free society.

Immediate family is defined as a mother or father, brothers, or sisters, of the whole or halfblood, a wife or husband, or lawful issue.

The board of correction or its designee shall notify local law enforcement officials in the county where the inmate is to be furloughed a reasonable time prior to placing said inmate on furlough. Such notice shall be in writing, provided, however, that such notice may be oral if exigencies require it. Due consideration will be given to the law enforcement decision.

History:

[20-101C, added 1971, ch. 166, sec. 1, p. 789; am. 1974, ch. 200, sec. 1, p. 1519; am. 1981, ch. 53, sec. 1, p. 81; am. 1995, ch. 34, sec. 1, p. 52.]
Idaho Code § 20-548 — Idaho Code / Title 20 / Chapter 5 / Section 20-548
20-548 COMPENSATION — AMOUNT — CREDITING ACCOUNT OF JUVENILE OFFENDER — JUVENILE OFFENDERS NOT EMPLOYEES.
Status: in_force

20-548. Compensation — Amount — Crediting account of juvenile offender — Juvenile offenders not employees. Each juvenile offender who is engaged in productive work under the jurisdiction of the director of the department of juvenile corrections may receive for this work such compensation as the director shall determine, to be paid out of any funds available in the department of juvenile corrections competency development account. After payment of restitution pursuant to section 20-538, Idaho Code, compensation shall be credited to the account of the juvenile offender to be used for payment of fines, reimbursement to the department of juvenile corrections for expenses directly related to that juvenile offender, and upon certain circumstances, payment to the juvenile offender upon release from the department of juvenile corrections.

No juvenile offender compensated under this act shall be considered an employee of the state or the department of juvenile corrections, nor shall any juvenile offender come within any of the provisions of the worker's compensation law, or be entitled to any benefits thereunder whether on behalf of himself or any other person.

History:

[20-548, added 1997, ch. 265, sec. 1, p. 756; am. 2012, ch. 19, sec. 35, p. 64.]
Idaho Code § 20-239 — Idaho Code / Title 20 / Chapter 2 / Section 20-239
20-239 DISCHARGE UPON SERVICE OF MAXIMUM TERM.
Status: in_force

20-239. Discharge upon service of maximum term. Any convicted person undergoing sentence in the penitentiary not sooner released under the provisions of this chapter, shall in accordance with the provisions of existing law, be discharged from custody upon serving a maximum sentence provided by law for the offense of which such person was convicted, or the maximum term fixed by the court where the law does not provide for a maximum term. Provided however, if the date of discharge from custody falls on a Saturday, Sunday or legal holiday, then the person may be discharged from custody on the last weekday immediately preceding such Saturday, Sunday or legal holiday.

History:

[20-239, added 1947, ch. 53, sec. 39, p. 59; am. 2007, ch. 32, sec. 1, p. 74.]
Idaho Code § 20-1016 — Idaho Code / Title 20 / Chapter 10 / Section 20-1016
20-1016 COMMUTATIONS AND PARDONS.
Status: in_force

20-1016. commutations and pardons. (1) The commission shall have full and final authority to grant commutations and pardons after conviction and judgment in all cases of offenses against the state except treason or impeachment and as otherwise provided in this section.

(2) The commission shall have authority to grant commutations and pardons after conviction and judgment for offenses, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is death or life imprisonment only after first presenting a recommendation to the governor. If the governor approves the commission's recommendation within thirty (30) days of presentment, the commission's pardon or commutation shall issue. If the governor rejects the commission's recommendation within thirty (30) days of presentment or takes no action on the recommendation before the passage of thirty (30) days from presentment, no pardon or commutation shall issue from the commission, and the commission's recommendation shall be of no force or effect.

(3) Notwithstanding subsection (2) of this section, the commission shall have full and final authority to grant pardons and commutations for:

(a) Any offense, or conspiracies to commit any offense, in violation of chapter 27, title 37, Idaho Code, for which the maximum punishment allowed by law at the time of sentencing is life imprisonment; and

(b) Any offense, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is enhanced by chapter 25, title 19, Idaho Code, to life imprisonment.

(4) The commission shall conduct commutation and pardon proceedings pursuant to rules and regulations adopted in accordance with law and may attach such conditions as it deems appropriate in granting pardons or commutations.

History:

[(20-1016) 20-240A, added 2020, ch. 62, sec. 2, p. 145; am. and redesig. 2021, ch. 196, sec. 18, p. 535; am. 2023, ch. 18, sec. 1, p. 129.]
Idaho Code § 20-211 — Idaho Code / Title 20 / Chapter 2 / Section 20-211
20-211 RECORDS, FUNDS AND PROPERTY OF SUPERSEDED AGENCIES — DELIVERY TO BOARD OF CORRECTIONS.
Status: in_force

20-211. Records, funds and property of superseded agencies — Delivery to board of corrections. From and after the taking effect of this act, the state board of correction shall succeed to and be in possession and control of all records, accounts, books, papers, equipment, supplies, funds, and other property, real and personal, in possession of or under the control of any office, board, commission, agency, deputy or employee herein abolished or superseded. Immediately after notice of the appointment, qualification, and organization of the state board of correction, the director of correction and every other state officer or employee then having in his possession or under his control any property, real or personal, any records, and funds of whatever kind or character for the use and benefit of the penitentiary or the administration thereof, shall proceed to prepare and within ten (10) days thereafter to submit a full and complete inventory of all property and records so held to said board of correction, together with possession of said records and property as said board of correction shall direct.

History:

[20-211, added 1947, ch. 53, sec. 11, p. 59; am. 1974, ch. 6, sec. 3, p. 28.]
Idaho Code § 20-510 — Idaho Code / Title 20 / Chapter 5 / Section 20-510
20-510 INFORMATION — INVESTIGATION — PETITION.
Status: in_force

20-510. Information — Investigation — Petition. Any peace officer, any prosecuting attorney, or any authorized representative of the board of trustees of a school district of this state, having knowledge of a juvenile who is within the purview of this act may file a petition with the court in such form as may be required by the court, except a peace officer may also issue a citation for a curfew violation pursuant to section 20-549, Idaho Code. Said individual or agency shall be responsible for providing the evidence to support the allegations made in the petition, provided this in no way shall relieve peace officers from enforcement of the law as set forth in section 31-2227, Idaho Code. The court may make a preliminary inquiry to determine whether the interests of the public or of the juvenile require that further action be taken. Such inquiry may be made through the county probation officer or such other agent or investigation officer designated by the court. Thereupon, the court may make such informal adjustment as is practicable, or dismiss the petition, or set the matter for hearing. If an informal adjustment is made, it shall provide for full or partial restitution in the manner and form prescribed by the court when the offense involves loss or damage of property of another. A probation officer shall not file a petition unless the juvenile has previously been under the jurisdiction of the court. The petition and all subsequent court documents shall be entitled "In the interest of …, a juvenile under eighteen (18) years of age." The petition may be made upon information and belief but it shall be made under oath. It shall set forth plainly: (1) the facts which bring the juvenile within the purview of this act; (2) the name, age, and residence of the juvenile; (3) the names and residences of his parents and spouse, if any; (4) the name and residence of his legal guardian, if there be one, or the person or persons having custody or control of the juvenile, or of the nearest known relative if no parent or guardian can be found. If any of the facts herein required are not known by the petitioner the petition shall so state.

Service of a petition upon the parents, legal guardian or person or persons having custody or control of the juvenile shall subject the parents, legal guardian or person or persons having custody or control of the juvenile to the provisions of this chapter. The petition shall inform the parents, legal guardian or other person legally obligated to care for and support the juvenile that service of the petition upon them shall make them subject to the provisions of this chapter.

History:

[(20-510) 1963, ch. 319, sec. 7, p. 876; am. 1977, ch. 156, sec. 1, p. 399; am. 1989, ch. 155, sec. 4, p. 376; am. 1990, ch. 355, sec. 3, p. 960; am. and redesig. 1995, ch. 44, sec. 11, p. 80; am. 2000, ch. 74, sec. 1, p. 157; am. 2006, ch. 177, sec. 1, p. 544.]
Idaho Code § 20-539 — Idaho Code / Title 20 / Chapter 5 / Section 20-539
20-539 CREATION OF FUND.
Status: in_force

20-539. Creation of fund. There is hereby created in the state treasury a fund known as the "juvenile corrections victim restitution fund," which shall be administered by the department. Moneys in the fund shall consist of wage payments made to juvenile offenders in work programs, appropriations and moneys received by the department from whatever source. Moneys in the fund shall be utilized to provide full or partial restitution to victims of the juvenile offender's delinquent behavior.

History:

[(20-539) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 43, p. 97; am. 2001, ch. 14, sec. 1, p. 16.]
Idaho Code § 20-1009 — Idaho Code / Title 20 / Chapter 10 / Section 20-1009
20-1009 NOTICE AND SERVICE TO AN ALLEGED PAROLE VIOLATOR — WAIVER OF HEARING.
Status: in_force

20-1009. Notice and Service to an alleged parole violator — Waiver of hearing. (1) Within fifteen (15) calendar days following arrest and detention on a warrant issued by the commission, the alleged parole violator shall be personally served with a copy of the factual allegations of the violation of the conditions of parole by a state probation and parole officer, a law enforcement official or other as designated by the executive director. When accused of a violation of his parole, other than by absconding supervision or the commission of and conviction for a felony or misdemeanor, the alleged parole violator shall be advised of the right to an on-site parole revocation hearing and of procedural rights and privileges as provided by this act. The alleged parole violator, after service of the allegation of violations of the conditions of parole and the notification of rights, may waive the on-site parole revocation hearing as provided by section 20-1008, Idaho Code. If the alleged parole violator waives the right to an on-site hearing, the commission, executive director or hearing officer shall designate the facility where the hearing will be conducted.

(2) Whenever a paroled prisoner is accused of a violation of his parole by absconding supervision or the commission of and conviction for a felony or misdemeanor under the laws of this state, or any other state, or any federal laws, and following arrest and detention on a warrant issued by the commission, the alleged parole violator shall be personally served with a copy of the factual allegations of the violation of the conditions of parole within a reasonable time. The alleged parole violator shall be advised of the right to a hearing and all other rights and privileges as provided by this act. The executive director or hearing officer shall designate the facility where the hearing will be conducted. A fair and impartial hearing of the charges will be conducted within a reasonable time.

(3) The alleged parole violator may waive the right to any hearing, and at that time may admit one (1) or more of the alleged violations of the conditions of parole. If the waiver is accepted by the commission or hearing officer: (i) the parolee may be reinstated under the same or modified conditions, or (ii) the parolee shall be subject to an expedited determination by the commission consistent with the provisions of section 20-1010, Idaho Code, without a hearing. If all waivers made by the parolee are rejected by the commission or designated hearing officer, a parole revocation hearing shall be held either on-site or at a penitentiary facility.

History:

[(20-1009) 20-229A, added 1970, ch. 105, sec. 4, p. 263; am. 1980, ch. 297, sec. 12, p. 773; am. 1983, ch. 249, sec. 1, p. 670; am. 1994, ch. 171, sec. 5, p. 385; am. 2014, ch. 150, sec. 16, p. 428; am. and redesig. 2021, ch. 196, sec. 11, p. 533.]
Idaho Code § 20-525A — Idaho Code / Title 20 / Chapter 5 / Section 20-525A
20-525A EXPUNGEMENT OF RECORD — HEARING — FINDINGS NECESSARY — SPECIAL INDEX — EFFECT OF ORDER.
Status: in_force

20-525A. Expungement of record — Hearing — Findings necessary — Special index — Effect of order. (1) Any person who has been adjudicated in a case under this act and found to be within the purview of the act for having committed a felony offense or having been committed to the department of juvenile corrections may, after the expiration of three (3) years from the date of termination of the continuing jurisdiction of the court, or if the juvenile offender was committed to the juvenile correctional center then three (3) years from the date of his release from the juvenile correctional center, or after reaching age eighteen (18) years, whichever occurs last, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and of the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing.

(2) Any person who has been adjudicated in a case under this act and found to be within the purview of the act for having committed misdemeanor or status offenses only and not having been committed to the department of juvenile corrections may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing.

(3) In any case where the prosecuting attorney has elected to utilize the diversion process or the court orders an informal adjustment, the person may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing.

(4) A parent or guardian of a juvenile for whom a hearing is being held pursuant to this section who is appearing before or testifying at such hearing shall not be required to be represented by an attorney.

(5) The court may not expunge a conviction for any of the following crimes from a juvenile offender's record:

(a) Administering poison with intent to kill (18-4014, Idaho Code);

(b) Aggravated battery (18-907, Idaho Code);

(c) Armed robbery (chapter 65, title 18, Idaho Code);

(d) Arson (chapter 8, title 18, Idaho Code);

(e) Assault with intent to commit a serious felony (18-909, Idaho Code);

(f) Assault with intent to murder (18-4015, Idaho Code);

(g) Assault or battery upon certain personnel, felony (18-915, Idaho Code);

(h) Forcible sexual penetration by use of a foreign object (18-6604, Idaho Code);

(i) Injury to child, felony (18-1501, Idaho Code);

(j) Kidnapping (18-4501, Idaho Code);

(k) Murder of any degree (18-4001 and 18-4003, Idaho Code);

(l) Rape, excluding statutory rape (18-6101, Idaho Code);

(m) Ritualized abuse of a child (18-1506A, Idaho Code);

(n) Sexual exploitation of a child (18-1507, Idaho Code);

(o) Unlawful use of destructive device or bomb (18-3320, Idaho Code);

(p) Voluntary manslaughter (18-4006 1., Idaho Code);

(q) A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code, when the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds that were, at the time of the violation, being used for an activity sponsored by or through such a school; or

(r) A violation of the provisions of section 37-2732B, Idaho Code, related to drug trafficking or manufacturing of illegal drugs.

(6) If the court finds after hearing that the petitioner has not been adjudicated as a juvenile offender for any of the crimes identified in subsection (5) of this section and has not been convicted of a felony or of a misdemeanor wherein violence toward another person was attempted or committed since the termination of the court's jurisdiction or his release from the juvenile correctional center and that no proceeding involving such felony or misdemeanor is pending or being instituted against him, and if the court further finds to its satisfaction that the petitioner has been held accountable, is developing life skills necessary to become a contributing member of the community, and that the expungement of the petitioner's record will not compromise public safety, it shall order all records in the petitioner's case in the custody of the court and all such records, including law enforcement investigatory reports and fingerprint records, in the custody of any other agency or official sealed; and the court shall further order all references to said adjudication, diversion or informal adjustment removed from all indices and from all other records available to the public. However, a special index of the expungement proceedings and records shall be kept by the court ordering expungement, which index shall not be available to the public and shall be revealed only upon order of a court of competent jurisdiction. Copies of the order shall be sent to each agency or official named in the order. Upon the entry of the order, the proceedings in the petitioner's case shall be deemed never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter. Inspection of the records may thereafter be permitted only by the court upon petition by the person who is the subject of the records, or by any other court of competent jurisdiction, and only to persons named in the petition.

History:

[(20-525A) 16-1618A, as added by 1969, ch. 299, sec. 1, p. 899; am. and redesig. 1995, ch. 277, sec. 9, p. 937; am. 1999, ch. 248, sec. 1, p. 636; am. 2004, ch. 160, sec. 1, p. 525; am. 2005, ch. 92, sec. 1, p. 311; am. 2012, ch. 19, sec. 22, p. 59; am. 2016, ch. 296, sec. 14, p. 843; am. 2022, ch. 20, sec. 3, p. 46; am. 2022, ch. 124, sec. 24, p. 458; am. 2023, ch. 237, sec. 1, p. 734; am. 2024, ch. 184, sec. 1, p. 671.]
Idaho Code § 20-523 — Idaho Code / Title 20 / Chapter 5 / Section 20-523
20-523 SCREENING TEAMS TO PROVIDE ASSISTANCE TO COURT.
Status: in_force

20-523. Screening teams to provide assistance to court. In order to provide assistance to a court in making a disposition pursuant to section 20-520, Idaho Code, a screening team composed of a county probation officer or other investigation officer or agency designated by the court may meet and provide a written recommendation delineating options to the court for disposition of the case pursuant to this chapter.

History:

[(20-523) 1989, ch. 155, sec. 7, p. 380; am. and redesig. 1995, ch. 44, sec. 24, p. 90; am. 1995, ch. 277, sec. 8, p. 936.]
Idaho Code § 20-222 — Idaho Code / Title 20 / Chapter 2 / Section 20-222
20-222 FIXED PERIOD OF PROBATION OR SUSPENSION OF SENTENCE — REARREST AND REVOCATION.
Status: in_force

20-222. fixed period of probation or suspension of sentence — Rearrest and revocation. (1) The period of probation or suspension of sentence shall be fixed by the court and may at any time be extended or terminated by the court. Such period with any extension thereof shall not exceed the maximum period for which the defendant might have been imprisoned.

(2) At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Thereupon the court, after summary hearing may revoke the probation and suspension of sentence and cause the sentence imposed to be executed, or may cause the defendant to be brought before it and may continue or revoke the probation, or may impose any sentence which originally might have been imposed at the time of conviction. In making a determination to continue or revoke probation and suspension of sentence, the court shall consider the defendant's risks and needs and options for treatment in the community.

History:

[20-222, added 1947, ch. 53, sec. 22, p. 59; am. 1986, ch. 311, sec. 1, p. 762; am. 2014, ch. 150, sec. 11, p. 424.]
Idaho Code § 20-1008 — Idaho Code / Title 20 / Chapter 10 / Section 20-1008
20-1008 PAROLE REVOCATION HEARING.
Status: in_force

20-1008. Parole revocation hearing. (1) Whenever a paroled prisoner is accused of a violation of parole, other than by absconding supervision or the commission of, and conviction for, a felony or misdemeanor offense under the laws of this state, or any other state, or any federal laws, the parolee shall be entitled to a fair and impartial hearing of such charges within thirty (30) days from the date the accused is served with the charges of the violation of conditions of parole subsequent to arrest and detention. The hearing shall be held before one (1) or more commissioners or before an impartial hearings officer selected by the executive director. Such hearing shall be held at a place or places, within this state, reasonably near the site of the alleged violation or violations of parole. If the parolee has been supervised outside of the state of Idaho and such violations occurred outside of Idaho, the executive director or hearing officer shall determine the location of the hearing.

(2) Whenever a paroled prisoner is accused of a violation of parole by absconding supervision or the commission of, and conviction for, a felony or misdemeanor offense under the laws of this state, or any other state, or any federal laws, the parolee shall be entitled to a fair and impartial hearing within a reasonable time from the date the accused is served with such charges. The location of such hearing shall be determined by the executive director or hearing officer.

History:

[(20-1008) 20-229, added 1970, ch. 105, sec. 3, p. 263; am. 1975, ch. 247, sec. 1, p. 661; am. 1980, ch. 297, sec. 11, p. 773; am. 1994, ch. 171, sec. 4, p. 385; am. and redesig. 2021, ch. 196, sec. 10, p. 532; am. 2024, ch. 164, sec. 10, p. 629.]
Idaho Code § 20-504A — Idaho Code / Title 20 / Chapter 5 / Section 20-504A
20-504A STATE JUVENILE CORRECTIONAL CENTERS — PURPOSES — POWERS AND DUTIES OF THE DEPARTMENT AND THE DIRECTOR.
Status: in_force

20-504A. State juvenile correctional centers — Purposes — Powers and duties of the department and the director. (1) The purposes of a juvenile correctional center shall be:

(a) The care, control and competency development of adjudicated juvenile offenders meeting standards for admission as adopted by the Idaho supreme court;

(b) The provision pursuant to agreement with the counties of detention services for juvenile offenders subject to administrative or court order;

(c) The provision of observation and assessment services for juvenile offenders committed to the department of juvenile corrections; and

(d) To accept for placement those individuals sentenced to a state juvenile correctional center by a district court, or pursuant to agreement with the board of correction, subsequent to waiver of juvenile court jurisdiction.

(2) The department shall administer and provide general oversight of all state juvenile correctional centers and any other secure or nonsecure facilities holding juvenile offenders committed to it as required by the juvenile corrections act.

(3) The department shall assure that the educational programs of state juvenile correctional centers are in compliance with educational standards that are approved by the Idaho state board of education or an accrediting association recognized by the Idaho state board of education.

(4) The department shall have the power to promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, for the administration and operation of state juvenile correctional centers.

(5) The director shall have the power:

(a) To employ, fix the salary and prescribe the duties of a superintendent for each juvenile correctional center. The superintendent shall be a nonclassified employee and shall serve at the pleasure of the director. With the advice of the director, the superintendent may appoint and prescribe the duties of assistants, instructors, specialists and other employees required for the operation of the center;

(b) To remove any employee of a juvenile correctional center for cause or as allowed by chapter 53, title 67, Idaho Code;

(c) To ensure that all teachers, except specialists, hold teaching certificates issued under the authority of the state board of education which are valid for the grades and subjects taught. All specialists shall hold diplomas from an accredited school of their specialty;

(d) To have, at all times, general supervision and control of all property, real and personal, appertaining to the center, and to insure the same; and

(e) To expend tax moneys appropriated, or otherwise placed to the credit of the center for maintenance and operation and to account for the same as prescribed by law.

History:

[20-504A, added 1997, ch. 83, sec. 3, p. 198; am. 2012, ch. 19, sec. 5, p. 44.]
Idaho Code § 20-415 — Idaho Code / Title 20 / Chapter 4 / Section 20-415
20-415 CORRECTIONAL INDUSTRIES BETTERMENT ACCOUNT — TRANSFER OF FUNDS.
Status: in_force

20-415. Correctional industries betterment account — Transfer of funds. Funds held by the board of correction on June 30, 1983, in depositories, shall be transferred therefrom by the board of correction, and deposited on July 1, 1983, with the treasurer of the state of Idaho in the correctional industries betterment account which is hereby created in the agency asset fund. All state departments, agencies and offices affected by such transfer are authorized and directed to enter such transfer on their books, records and accounts.

Pending use, surplus moneys in the account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the account.

History:

[I.C., sec. 20-415, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 13, p. 225; am. 1983, ch. 223, sec. 5, p. 620.]
Idaho Code § 20-230 — Idaho Code / Title 20 / Chapter 2 / Section 20-230
20-230 APPLICATION TO CONVICTIONS PRIOR TO ACT
Status: in_force

20-230. Application to convictions prior to act . Provisions of this act so far as applicable thereto are to apply to all convicted persons now serving time in the state penitentiary to the end that at all times the same provisions relating to sentences, imprisonment, and paroles of prisoners shall apply to the inmate thereof.

History:

[20-230, added 1947, ch. 53, sec. 30, p. 59; am. 1980, ch. 297, sec. 13, p. 773.]
Idaho Code § 20-526 — Idaho Code / Title 20 / Chapter 5 / Section 20-526
20-526 ENCOURAGING VIOLATIONS.
Status: in_force

20-526. Encouraging violations. Any person who by any act or neglect encourages, aids or causes a juvenile to come within the purview or jurisdiction of this chapter, or who after notice that the driving privileges of the juvenile offender have been suspended or restricted under the provisions of this chapter knowingly permits or encourages said juvenile offender to operate a motor vehicle in violation of such suspension or restriction, shall be guilty of a misdemeanor. The court may impose conditions upon any person found guilty under this section, and so long as such person shall comply therewith to the satisfaction of the court, the sentence imposed may be suspended.

History:

[(20-526) 1963, ch. 319, sec. 17, p. 876; am. 1977, ch. 156, sec. 5, p. 405; am. and redesig. 1995, ch. 44, sec. 27, p. 92; am. 2012, ch. 19, sec. 23, p. 60.]
Idaho Code § 20-624 — Idaho Code / Title 20 / Chapter 6 / Section 20-624
20-624 IMPRISONMENT FOR FINE.
Status: in_force

20-624. Imprisonment for fine. Whenever any defendant is confined solely for willful non-payment of any fine, the court, may, in lieu of payment, confine such person at the rate of thirty-five dollars ($35.00) per day until the fine imposed is satisfied.

History:

[(20-624) 1863, p. 596, sec. 8; R.S., R.C., & C.L., sec. 8545; C.S., sec. 9439; I.C.A., sec. 20-624; am. 1957, ch. 11, sec. 1, p. 14; am. 1989, ch. 231, sec. 6, p. 561; am. 1992, ch. 138, sec. 3, p. 428; am. 1995, ch. 265, sec. 1, p. 848.]
Idaho Code § 20-503 — Idaho Code / Title 20 / Chapter 5 / Section 20-503
20-503 DEPARTMENT OF JUVENILE CORRECTIONS CREATED — APPOINTMENT OF DIRECTOR — POWERS AND DUTIES OF DEPARTMENT.
Status: in_force

20-503. Department of juvenile corrections created — Appointment of director — Powers and duties of department. (1) The department of juvenile corrections is hereby created. The department shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government.

(2) The department shall be under the control and supervision of a director, who shall be appointed by the governor, with the advice and consent of the senate. The director shall exercise all of the powers and duties necessary to carry out the proper administration of the department and may delegate duties to employees and officers of the department. The director shall have the authority to employ an attorney or attorneys to provide legal services to the department and such managers, assistants, clerical staff and other employees necessary to the proper functioning and administration of the department.

(3) The department of juvenile corrections shall be composed of such administrative units as may be established by the director for the proper and efficient administration of the powers and duties assigned to the director or the department. The director shall appoint an administrator for each administrative unit within the department.

(4) The director shall have full power and authority to do all things necessary to establish and provide for the administration and operation of the department of juvenile corrections.

History:

[20-503, added 1995, ch. 44, sec. 4, p. 72; am. 1995, ch. 277, sec. 2, p. 927; am. 2012, ch. 19, sec. 3, p. 41; am. 2025, ch. 47, sec. 1, p. 222.]
Idaho Code § 20-618 — Idaho Code / Title 20 / Chapter 6 / Section 20-618
20-618 JAIL COMMISSARY FUND.
Status: in_force

20-618. Jail commissary fund. County jails which provide commissary items to inmates, and collect the costs or a portion of the costs for such items from an inmate with sufficient funds to pay for items, are authorized to create a self-perpetuating commissary fund. The purpose of the commissary fund is to both supply and provide a fund from which reimbursement can be made to the county for an inmate's use or purchases of necessary hygiene items, recreational devices and other inmate care items, medical items and services, and any other debts incurred pursuant to this chapter. This fund shall be subject to a yearly audit authorized by the board of county commissioners.

History:

[20-618, added 1994, ch. 29, sec. 1, p. 47; am. 1996, ch. 14, sec. 1, p. 34; am. 2005, ch. 181, sec. 1, p. 555.]
Idaho Code § 20-406 — Idaho Code / Title 20 / Chapter 4 / Section 20-406
20-406 COMPENSATION AND EXPENSES.
Status: in_force

20-406. Compensation and expenses. All members shall also receive their actual and necessary expenses of travel and accommodations incurred in attending meetings of the board, attending other functions related to correctional industries, and in making investigations, either as a board or individually as members of the board at the request of the chairman.

History:

[20-406, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 4, p. 221; am. 2020, ch. 83, sec. 5, p. 218.]
Idaho Code § 20-704 — Idaho Code / Title 20 / Chapter 7 / Section 20-704
20-704 HEARINGS.
Status: in_force

20-704. Hearings. The board of correction or such other agency or officer designated for such purpose by the governor, is hereby authorized and directed to hold such hearings within or without the state of Idaho as may be requested by any other party state pursuant to Article IV(f) of the Interstate Corrections Compact.

History:

[20-704, added 1959, ch. 56, sec. 4, p. 117; am. 1974, ch. 249, sec. 4, p. 1638; am. 2025, ch. 47, sec. 2, p. 223.]
Idaho Code § 20-207 — Idaho Code / Title 20 / Chapter 2 / Section 20-207
20-207 OFFICE OF BOARD AT PENITENTIARY — MEETINGS — QUORUM — MAJORITY VOTE.
Status: in_force

20-207. Office of board at penitentiary — Meetings — Quorum — Majority vote. The state board of correction shall maintain an office at the penitentiary and shall meet at such times and places as may be necessary for the conduct of its business. Meetings may be held at the call of the chairman or a majority of the board but in no event shall they meet less than quarterly. A majority of the board shall constitute a quorum for the transaction of business and no order of the board shall be valid unless concurred in by at least two (2) of its members.

History:

[20-207, added 1947, ch. 53, sec. 7, p. 59; am. 1969, ch. 97, sec. 3, p. 329.]
Idaho Code § 20-812 — Idaho Code / Title 20 / Chapter 8 / Section 20-812
20-812 ENFORCEMENT — AVAILABLE REMEDIES — CIVIL PENALTY.
Status: in_force

20-812. Enforcement — Available remedies — Civil penalty. (1) The county prosecuting attorney shall have authority to enforce the provisions of this chapter, and any county ordinances enacted, or written policies or procedures adopted by the county with respect to the operation of a private prison facility in the county, or any contract entered into between a board of county commissioners and a private prison contractor by civil action and may seek all available civil remedies including injunction. If the prosecuting attorney prevails in the action, the private prison contractor shall be liable to the county for attorney's fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located.

(2) The city attorney shall have authority to enforce the provisions of this chapter, and any city ordinances enacted or written policies or procedures adopted by the governing body of the city with respect to the operation of a private prison facility within the city, or any contract entered into between the governing body of a city and a private prison contractor by civil action and he may seek all available civil remedies including injunction. If the city attorney prevails in the action, the private prison contractor shall be liable for attorney's fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located.

(3) In addition to any other remedies, a private prison contractor constructing, renovating or operating a private prison facility in this state in violation of the provisions of this chapter, or any ordinances enacted or written policies or procedures adopted by a county or city governing the construction, renovation or operation of a private prison facility, or a contract entered into pursuant to this chapter shall be subject to a civil penalty in an amount not to exceed five thousand dollars ($5,000) for each separate violation or for each day of a continuing violation.

History:

[20-812, added 1998, ch. 360, sec. 1, p. 1130; am. 2001, ch. 335, sec. 9, p. 1190.]
Idaho Code § 20-242 — Idaho Code / Title 20 / Chapter 2 / Section 20-242
20-242 FURLOUGH.
Status: in_force

20-242. Furlough. (1) When a person is committed to the custody of the state board of correction, the board may, upon conditions which it may impose, direct that the person be permitted to continue in his regular employment, work project, or educational program, if that is compatible with the requirements of subsection (3) of this section, or may authorize the person to secure employment for himself.

(2) If the board directs that the prisoner be permitted to continue in his regular employment or education, the board shall arrange for a continuation of the employment or education so far as possible without interruption. If the prisoner does not have regular employment, and the board has authorized the prisoner to secure employment for himself, the prisoner may do so, and the board may assist him in doing so. A prisoner who secures employment with a private employer shall receive the same salary range offered to other similarly situated employees based on experience, education, and other qualifications. An employed prisoner shall have available to him all the benefits offered to other similarly situated employees, such as health care benefits, paid leave, flexible spending accounts, and life insurance. If an employed prisoner elects to participate in an optional benefit, he shall have the same financial responsibility as his coworkers to pay for insurance premiums and copayments for services received. Employed prisoners who elect private health insurance shall list the board as a secondary payer.

(3) Whenever the prisoner is not employed and between the hours or periods of employment, work project, or schooling, he shall be domiciled in a jail, facility, or residence as directed by the board of correction.

(4) The earnings of the prisoner shall be retained by the prisoner under such terms and conditions as the board may impose. From such earnings the board may require that:

(a) The prisoner pay an amount to the board of correction sufficient for the prisoner's board and personal expenses, both inside and outside the jail, facility, or residence, including costs of administering such prisoner's work furlough program;

(b) The prisoner provide for the reasonable and adequate support and maintenance of the prisoner's dependents;

(c) The prisoner pay preexisting debts;

(d) The prisoner deposit earnings in a financial institution.

(5) If the prisoner violates the conditions established for his conduct, custody or employment, the board may order the balance of the prisoner's sentence to be spent in actual confinement.

(6) The willful failure of a prisoner to return to the place of confinement no later than the expiration of any period during which he is authorized to be away from the place of confinement under this section is an escape from the place of confinement and is punishable as provided by section 18-2505, Idaho Code.

(7) A furlough may be revoked by the board at any time without notice or hearing.

History:

[20-242, added 1947, ch. 53, sec. 42, p. 59; am. 1970, ch. 143, sec. 13, p. 425; am. 1979, ch. 215, sec. 1, p. 599; am. 1984, ch. 58, sec. 1, p. 106; am. 2024, ch. 196, sec. 1, p. 701.]
Idaho Code § 20-541 — Idaho Code / Title 20 / Chapter 5 / Section 20-541
20-541 SPECIAL COMMISSIONER — DUTIES.
Status: in_force

20-541. Special commissioner — Duties. The court shall be authorized to appoint a special commissioner to assist in the conduct of proceedings under this chapter. In any case in which the court refers a petition to the commissioner, the commissioner shall promptly cause the matter to be investigated and on the basis thereof shall either recommend dismissal of the petition or hold a hearing as provided in this act and make recommendations to the court regarding the disposition of the matter. Such commissioner shall be paid for services rendered on order of the court from county funds in such amount as is determined by the court.

History:

[(20-541) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 47, p. 97.]
Idaho Code § 20-610 — Idaho Code / Title 20 / Chapter 6 / Section 20-610
20-610 SERVICE OF PAPERS ON SHERIFF FOR PRISONER.
Status: in_force

20-610. Service of papers on sheriff for prisoner. A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner with a note thereon of the time of its service. For a neglect to do so he is liable to the prisoner for all damages occasioned thereby.

History:

[(20-610) 1863, p. 475, sec. 28; R.S., R.C., & C.L., sec. 8537; C.S., sec. 9427; I.C.A., sec. 20-613.]
Idaho Code § 20-237B — Idaho Code / Title 20 / Chapter 2 / Section 20-237B
20-237B MEDICAL COSTS OF STATE PRISONERS HOUSED IN CORRECTIONAL FACILITIES.
Status: in_force

20-237B. Medical costs of state prisoners housed in correctional facilities. (1) The state board of correction or any privatized medical provider under contract with the department of correction shall pay to a provider of a medical service, other than hospital inpatient or outpatient services, for any and all prisoners, committed to the custody of the department of correction, confined in a correctional facility, as defined in section 18-101A(1), Idaho Code, an amount equal to the reimbursement rates of the Idaho medicaid reimbursement fee schedule in place at the time services are provided. Hospitals shall be paid for inpatient and outpatient facility services provided to such prisoners in an amount equal to the interim Idaho medicaid rates in place at the time of service except for outpatient services paid by Idaho medicaid according to the Idaho medicaid fee schedule. These limitations apply to all medical care services provided outside the facility, including inpatient and outpatient hospitalizations, emergency services, professional services, durable and nondurable goods, prescription drugs and medications provided to any and all prisoners confined in a correctional facility, as defined in section 18-101A(1), Idaho Code. For services that are not included in the Idaho medicaid fee schedule or the interim Idaho medicaid rates, the state board of correction or any privatized medical provider under contract with the department of correction shall pay the reasonable value of such service. If a privatized medical provider is contracted with the department of correction, no hospital or any medical services provider shall be required to provide medical services to prisoners, except for emergency hospital services, in the absence of a contract between the privatized medical provider and the hospital or medical services provider. Any contract between the department of correction and a privatized medical provider must contain a requirement that the privatized medical provider enter into contracts with each hospital providing non-emergency services outside of the correctional facility. The contract between the privatized medical provider and the department of correction shall require, and the contracts between the privatized medical provider and any hospital or non-hospital providers shall include, at least the following terms reasonably and practicably consistent with those used by Idaho medicaid:

(a) Claims adjudication processing;

(b) Timing;

(c) Payment;

(d) Authorizations;

(e) Utilization review;

(f) Audit; and

(g) Appeals processes.

(2) Subsection (1) of this section shall apply only to companies, professional associations and other health care service entities whose services are billed directly to the department of correction or any privatized medical provider under contract with the department of correction. Subsection (1) of this section shall not apply to:

(a) Privatized correctional medical providers under contract with the department of correction to provide health care to prison inmates;

(b) Private prison companies;

(c) Out-of-state correctional facilities contracting with the department of correction to house prisoners;

(d) County jails; and

(e) Companies, professional associations and other health care service entities whose services are provided within the terms of agreements with privatized correctional medical providers under contract with private prison companies and county jails.

History:

[20-237B, added 2005, ch. 157, sec. 1, p. 487; am. 2008, ch. 61, sec. 1, p. 153; am. 2018, ch. 321, sec. 2, p. 749.]
Idaho Code § 20-806 — Idaho Code / Title 20 / Chapter 8 / Section 20-806
20-806 PRIVATE PRISON FACILITIES — REQUIREMENTS — LICENSING.
Status: in_force

20-806. Private prison facilities — Requirements — licensing. A private prison contractor that has contracted for the location or operation of a private prison facility within a county or a city of this state shall comply with the following requirements:

(1) An individual, corporation, partnership, association, or other private organization or entity may not operate a private prison facility in this state unless licensed by the department of correction. The board of correction shall have the power and it shall be its duty to promulgate rules necessary to implement and enforce standards for the licensing and operation of private prison facilities as set forth pursuant to this chapter. Applications for licenses shall be made on forms provided by the department of correction and accompanied by the required license fee. Licenses for the operation of private prisons shall be nontransferable. A license may be revoked if the facility fails to meet the standards and provisions of this chapter. 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;

(2) The facility shall meet correctional standards satisfying constitutional minimums, state and federal laws and applicable court orders;

(3) If the private prison facility is located on land owned by the county or the city or other publicly owned land which is not subject to real property taxes, the county or the city, if the facility is located within the limits of the city, may require the private prison contractor to pay fees to the county or the city in lieu of property taxes, as compensation for the costs to the county or the city of regulating, monitoring and providing services to the facility;

(4) The facility must provide internal and perimeter security to protect the public, employees and prisoners;

(5) The private prison contractor shall impose discipline on prisoners only as permitted by correctional standards satisfying constitutional minimums, state and federal laws, and applicable court orders;

(6) The private prison contractor shall provide prisoners with proper food, clothing, housing and medical care in accordance with constitutional minimums, state and federal laws, and applicable court orders. The private prison contractor shall require that anyone providing professional services to prisoners shall be licensed as provided by the state of Idaho if the professional would be required to be licensed in the state of Idaho to provide services to the general public;

(7) The private prison contractor shall allow access to the facility at all times and cooperate with all state and local authorities and their designees in the performance of their duties pursuant to section 20-805(4), Idaho Code, and section 20-808, Idaho Code.

History:

[20-806, added 1998, ch. 360, sec. 1, p. 1127; am. 2001, ch. 335, sec. 5, p. 1186.]
Idaho Code § 20-513 — Idaho Code / Title 20 / Chapter 5 / Section 20-513
20-513 SERVICE OF SUMMONS — TRAVEL EXPENSES.
Status: in_force

20-513. Service of summons — Travel expenses. Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the hearing. When publication is used the summons shall be published in two (2) consecutive issues of a weekly newspaper printed and published in the county; such newspaper to be designated by the court in the order for publication of the summons, and such publication shall have the same force and effect as though such person had been personally served with said summons. Service of summons, process or notice required by this act shall be made by the sheriff or a probation officer upon the request of the court and a return must be made by the sheriff on the summons showing that such service has been made. The judge may authorize payment of any necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this act, and such expenses when approved by the judge shall be a charge upon the county, except that not more than five (5) witnesses on behalf of any parent or guardian may be required to attend such hearing at the expense of the county. The court may summon the appearance of any person whose presence is deemed necessary as a witness or possible resource for the care and treatment of the juvenile, including persons whom the juvenile or the family wishes to have present.

History:

[(20-513) 1963, ch. 319, sec. 9, p. 876; am. 1976, ch. 246, sec. 1, p. 845; am. and redesig. 1995, ch. 44, sec. 14, p. 82.]
Idaho Code § 20-701 — Idaho Code / Title 20 / Chapter 7 / Section 20-701
20-701 INTERSTATE CORRECTIONS COMPACT.
Status: in_force

20-701. Interstate Corrections Compact. The Interstate Corrections Compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:

INTERSTATE CORRECTIONS COMPACT

ARTICLE I–PURPOSE AND POLICY

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

ARTICLE II–DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

(a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" means a state party to this compact in which conviction or court commitment was had.

(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) "Inmate" means a male or female offender who is committed, under sentence to, or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined.

ARTICLE III–CONTRACTS

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

ARTICLE IV–PROCEDURES AND RIGHTS

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III of this act.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials at the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

ARTICLE V–ACTS NOT REVIEWABLE IN RECEIVING STATE:

EXTRADITION

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VI–FEDERAL AID

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VII–ENTRY INTO FORCE

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

ARTICLE VIII–WITHDRAWAL AND TERMINATION

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one (1) year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

ARTICLE IX–OTHER ARRANGEMENTS UNAFFECTED

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

All contracts made pursuant to section 20-705, Idaho Code, prior to the effective date of this act are hereby ratified according to their terms and conditions for the life of such contracts.

ARTICLE X–CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

ARTICLE XI–POWERS

The board of correction is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and may in its discretion delegate this authority to the director of corrections; provided, however, that any contract on behalf of this state to implement the participation of this state in this compact shall not be of any force or effect until approved by the board of examiners.

History:

[I.C., sec. 20-701, as added by 1974, ch. 249, sec. 2, p. 1638.]
Idaho Code § 20-547 — Idaho Code / Title 20 / Chapter 5 / Section 20-547
20-547 CONSTRUCTION OF ACT — CITATION OF ACT — OTHER CODE REFERENCES CONSTRUED.
Status: in_force

20-547. Construction of act — Citation of act — Other code references construed. This act shall be liberally construed to the end that the legislative policy expressed herein is achieved. This act may be cited as the "Juvenile Corrections Act of 1995."

History:

[(20-547) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 54, p. 100; am. 1995, ch. 277, sec. 12, p. 938; am. 2012, ch. 19, sec. 34, p. 64.]
Idaho Code § 20-527 — Idaho Code / Title 20 / Chapter 5 / Section 20-527
20-527 SCHOOL TRUSTEES TO REPORT TRUANTS.
Status: in_force

20-527. School trustees to report truants. When a juvenile of compulsory school age is expelled or is reported to have repeatedly violated the attendance regulations of the school district in which the juvenile is enrolled, pursuant to section 33-206, Idaho Code, the prosecuting attorney may file a petition under this act. The court shall cause an investigation to be made and upon receipt of the written report of the investigation, the court may proceed under this act or the child protective act with respect to the juvenile and may proceed against the juvenile's parent(s), guardian or custodian under this act pursuant to section 33-207, Idaho Code.

History:

[(20-527) 1963, ch. 319, sec. 18, p. 876; am. and redesig. 1995, ch. 44, sec. 28, p. 92; am. 2002, ch. 348, sec. 3, p. 996.]
Idaho Code § 20-1015 — Idaho Code / Title 20 / Chapter 10 / Section 20-1015
20-1015 RESPITES AND REPRIEVES.
Status: in_force

20-1015. Respites and reprieves. (1) The governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the state, except treason or imprisonment on impeachment, but such respites or reprieves shall not extend beyond the next session of the commission; and such commission shall at such session continue or determine such respite or reprieve, or may commute or pardon the offense as herein provided.

(2) In cases of conviction of treason, the governor shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct its execution or grant a further reprieve.

History:

[(20-1015) 20-240, added 1947, ch. 53, sec. 40, p. 59; 1969, ch. 419, sec. 8, p. 1160; am. 1988, ch. 323, sec. 1, p. 982; am. 2020, ch. 62, sec. 1, p. 145; am. and redesig. 2021, ch. 196, sec. 17, p. 535.]
Idaho Code § 20-209B — Idaho Code / Title 20 / Chapter 2 / Section 20-209B
20-209B DUTY TO CONTROL DISTURBANCES AT STATE PENITENTIARY.
Status: in_force

20-209B. Duty to control disturbances at state penitentiary. It shall be the primary duty of the state director of correction, or his designee, to prevent, control and suppress all riots, escapes, affrays and insurrections at the state penitentiary or other place maintained by the state board of correction which come to his knowledge, and to control and suppress all attempts to riot or escape.

The director of correction, or his designee, shall be primarily responsible for all security measures to be taken at the time of any riot, escape, affray or insurrection, or attempts to commit the same, at the state penitentiary or other place under the control of the state board of correction.

Any county sheriff, deputy sheriff or any person so acting, and all other law enforcement officers, shall be subject to the authority herein conferred upon the director of correction, or his designee, and shall be subject to his direction and control during any riots, escapes, affrays, insurrections, or attempts to commit the same, at the state penitentiary or other place maintained by the state board of correction.

Nothing in this act shall preclude the use of any county sheriff or other law enforcement officers by the director of correction during any such existing emergency. If at any such time the director of correction shall find need for the assistance of any county sheriff or other law enforcement officers, the sheriff and such other officers may respond and render assistance at the direction of the director of correction.

For purposes of this section, a facility operated by a private prison contractor and housing prisoners pursuant to a contract between the contractor and the state board of correction, as set forth in section 20-241A, Idaho Code, shall be deemed to be maintained by or under the control of the state board of correction.

History:

[20-209B, added 1973, ch. 169, sec. 1, p. 358; am. 2010, ch. 351, sec. 2, p. 915.]
Idaho Code § 20-628 — Idaho Code / Title 20 / Chapter 6 / Section 20-628
20-628 JAIL DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS.
Status: in_force

20-628. Jail disciplinary action for frivolous or malicious court proceedings. (1) In any case, whether filed in state, federal or administrative court, in which a prisoner in a county jail 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 jail 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 county prosecutor, or the attorney general, a disciplinary hearing may be held by the appropriate authority at the county jail, pursuant to chapter 6, title 20, Idaho Code, 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 jail disciplinary detention and loss of privileges consistent with established jail disciplinary procedures.

History:

[20-628, added 1996, ch. 420, sec. 4, p. 1400.]
Idaho Code § 20-506 — Idaho Code / Title 20 / Chapter 5 / Section 20-506
20-506 TRANSFER FROM OTHER COURTS.
Status: in_force

20-506. Transfer from other courts. If during the pendency of a criminal or quasi-criminal charge against any juvenile in any other court, it shall be ascertained that the juvenile was under the age of eighteen (18) years at the time of committing the alleged offense, except where such juvenile has left the state, or where said charge is that such juvenile is a juvenile traffic, beer, wine or other alcohol or tobacco violator, or is within the purview of section 20-508(1)(a) or (1)(b), Idaho Code, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents and testimony connected therewith, to the court having jurisdiction over the juvenile with respect to the offense charged. The court making such transfer shall order the juvenile to be taken forthwith to the court to which the transfer is being made or place of detention designated by the court or shall release the juvenile to the custody of some suitable person to be brought before the court at a time designated. The court to which the case is transferred shall then proceed as provided in this act.

History:

[(20-506) 1963, ch. 319, sec. 4, p. 876; am. 1981, ch. 222, sec. 7, p. 414; am. 1982, ch. 110, sec. 2, p. 312; am. and redesig. 1995, ch. 44, sec. 7, p. 76.]
Idaho Code § 20-519C — Idaho Code / Title 20 / Chapter 5 / Section 20-519C
20-519C RESTORATION REPORTS — HEARINGS.
Status: in_force

20-519C. RESTORATION REPORTS — HEARINGS. (1) A report shall be filed by the restoration provider at least every ninety (90) days or whenever the restoration provider believes the juvenile is competent to proceed or whenever the restoration provider believes there is no substantial probability that the juvenile will regain competency before the expiration of the order to participate in a competency restoration program or fourteen (14) days before expiration of the restoration order.

(2) The court shall hold a review hearing regarding the progress towards competency at least every ninety (90) days while the juvenile participates in a restoration program. The court may consider the restoration provider's report at the review hearing to assess the juvenile's progress and to determine whether restoration services should continue.

History:

[20-519C, added 2011, ch. 178, sec. 3, p. 509.]