Idaho Code § 20-209G — Idaho Code / Title 20 / Chapter 2 / Section 20-209G
20-209G AUTHORITY TO INVESTIGATE AND ISSUE SUBPOENAS.
Status: in_force

20-209G. authority to investigate and issue subpoenas. (1) For purposes of this section, the following definitions shall apply:

(a) "Correctional facility" means any prison, correctional facility or mental health facility operated by the department of correction and any public or private correctional facility in which department of correction prisoners are housed pursuant to contract, including a county jail;

(b) "Department of correction prisoner" means any person housed in a correctional facility who has been committed to the custody of or who is under the supervision of the department of correction by way of a judgment of conviction or court order, including the following:

(i) Prisoners committed to the department to serve criminal sentences;

(ii) Persons committed in relation to their fitness to proceed at trial pursuant to section 18-212, Idaho Code;

(iii) Prisoners over whom a court has retained jurisdiction pursuant to section 19-2601 4., Idaho Code;

(iv) Prisoners serving discretionary jail time as probationers or parolees;

(v) Parolees arrested pursuant to sections 20-227 and 20-1007, Idaho Code, and are awaiting a determination regarding violation or revocation of their parole;

(vi) Civil commitments pursuant to section 66-329, Idaho Code; and

(vii) Persons committed to the Idaho security medical program pursuant to section 66-1301, Idaho Code.

(c) "Documents" means any writings, charts, records, recordings, electronic records or data, photographs, tangible things, drawings or diagrams of any sort whatsoever.

(2) In furtherance of the duties set forth in this chapter and department of correction rules, the director of correction shall have the authority to:

(a) Investigate crimes, criminal enterprises or conspiracies, violations of state law or administrative regulations, disturbances, riots and the introduction of contraband into a correctional facility, where such activities involve department of correction prisoners;

(b) Investigate waste, mismanagement of state resources and violations of laws, regulations, policies, directives or procedures by employees of the department of correction; and

(c) Issue subpoenas for the production of documents which may be relevant to such investigations.

(3) If a custodian of documents refuses to produce any document required by a subpoena issued pursuant to subsection (2) of this section, the director of correction may petition the district court in the county in which the custodian resides or does business, setting forth by way of sworn affidavit the reasons supporting issuance of the subpoena and why the documents sought are necessary for the investigation, that due notice has been given of the time and place of production of said documents, that the custodian has been properly summoned and that the custodian has failed and refused to produce documents required by the subpoena and may request an order compelling the custodian to produce the documents.

(4) Upon the filing of such petition and affidavit, the court shall enter an order directing the custodian of documents to appear before the court at a time fixed by the court, but not more than ten (10) court days from the date of the order, and to show cause why the custodian has not produced the documents and why he should not be required to produce the documents. The court shall serve a copy of the order upon the custodian. If it appears to the court that the petition is adequately supported by affidavit, the subpoena was regularly issued by the director of correction and regularly served upon the custodian, and that there is not good cause for the custodian's failure to produce the documents, the court shall order the custodian to produce the required documents at a time and place fixed by the court. If the custodian fails to obey the court's order, he shall be dealt with for contempt of court.

(5) When documents are sought from a custodian who is not a resident of this state or who has his principal place of business in another state, the director of correction is authorized to obtain subpoenas issued by the clerk of the district court of Ada county. The clerk of the district court shall open a court file, provide a case number and issue the subpoena under the seal of the court. The subpoena shall specify those documents required to be produced.

(6) The department of correction shall cooperate with local law enforcement and other local, state or federal law enforcement agencies during the conduct of any investigation arising out of the powers and duties set forth in this section.

History:

[20-209G, added 2009, ch. 45, sec. 1, p. 126; am. 2021, ch. 196, sec. 25, p. 540.]
Idaho Code § 20-615 — Idaho Code / Title 20 / Chapter 6 / Section 20-615
20-615 RECEPTION OF FEDERAL PRISONERS.
Status: in_force

20-615. Reception of federal prisoners. The sheriff must receive and keep in the county jail any prisoner committed thereto by process or order issued under the authority of the United States, until he is discharged according to law, as if he had been committed under process issued under the authority of this state; provision being made by the United States for the support of such prisoner.

History:

[(20-615) 1863, p. 475, sec. 31; R.S., R.C., & C.L., sec. 8529; C.S., sec. 9419; I.C.A., sec. 20-605.]
Idaho Code § 20-518 — Idaho Code / Title 20 / Chapter 5 / Section 20-518
20-518 STANDARDS FOR DETENTION.
Status: in_force

20-518. Standards for detention. The following shall be minimum standards for the detention of juveniles provided for in section 20-517, Idaho Code:

(1) Juvenile detention centers must be so constructed and maintained as to keep juveniles segregated from adult offenders, with no contact as to sight or sound between the two (2) classes. Those juveniles being treated as adult offenders pursuant to section 20-508 or 20-509, Idaho Code, shall be housed in a juvenile detention center unless otherwise ordered by the court. Such juveniles may be housed in the general juvenile population without sight and sound separation if it is determined by the detention administration that the safety and security of the other juveniles would not be at risk.

(2) Juvenile detention centers must provide supervision and observation of juveniles sufficient to protect the physical and mental health of the detainees.

(3) Juveniles held in detention must be provided with at least three (3) adequate and nutritional meals per day.

(4) Juveniles held in detention must have access to reading materials on a regular and systematic basis. Detained juveniles may receive books, newspapers, and periodicals from any source, including delivery to the detention center by family members, subject to the right of detention authorities to inspect and remove dangerous or harmful materials. Detention authorities may forbid the introduction into holding quarters of obscene books or periodicals.

(5) A visiting program shall be established in juvenile detention centers that will allow for family visits to each juvenile for at least two (2) hours each week.

(6) The juvenile detention center shall meet the standards and rules set forth in IDAPA 05.01.02 and IDAPA 11.11.01.

(7) Notwithstanding any other provision in this chapter, the minimum standards set forth herein shall not apply to any person who attains his or her eighteenth birthday prior to beginning or while in detention. When such person attains his or her eighteenth birthday, he or she shall be transferred from juvenile detention to the county jail.

History:

[(20-518) 16-1812A, added 1978, ch. 57, sec. 2, p. 110; am. 1984, ch. 190, sec. 1, p. 439; am. 1989, ch. 155, sec. 18, p. 397; am. and redesig. 1995, ch. 44, sec. 19, p. 86; am. 2000, ch. 111, sec. 1, p. 248; am. 2011, ch. 7, sec. 1, p. 19; am. 2012, ch. 19, sec. 15, p. 53; am. 2022, ch. 24, sec. 2, p. 70.]
Idaho Code § 20-604 — Idaho Code / Title 20 / Chapter 6 / Section 20-604
20-604 CONFINEMENT — ORDER OF THE COURT.
Status: in_force

20-604. Confinement — Order of the court. Any district judge or magistrate may order a person confined or detained, upon any grounds provided by law, in any county or municipal jail or other confinement facility within the judicial district in which the court is located. Such order may thereafter be amended to transfer such person from such jail or facility to another at any place within the judicial district. If the county in which the court is located has made an agreement with another governmental unit or agency located outside the judicial district for the confinement or detention of persons, then any district judge or magistrate acting in that county may also order a person confined or detained outside of the judicial district in the confinement facility or jail described in such agreement. All persons, officers and officials in charge of a jail or confinement facility shall accept a person for detention or confinement upon receiving a certified copy of an order made pursuant to this section.

History:

[I.C., sec. 20-604, as added by 1973, ch. 2, sec. 2, p. 4.]
Idaho Code § 20-511A — Idaho Code / Title 20 / Chapter 5 / Section 20-511A
20-511A MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT.
Status: in_force

20-511A. Mental health assessments and plans of treatment. (1) A judge of any court shall order the department of health and welfare to submit appropriate mental health assessments and a plan of treatment for the court's approval if at any stage of a proceeding under this chapter or the child protective act, chapter 16, title 16, Idaho Code, a judge has reason to believe, based upon the record and proceedings of the court or upon an affidavit of a party, state or county agency or any person having physical custody of the juvenile or juvenile offender, that he or she:

(a) Is suffering a substantial increase or persistence of a serious emotional disturbance as defined in section 16-2403, Idaho Code, which impairs his or her ability to comply with the orders and directives of the court, or which presents a risk to his or her safety or well-being or the safety of others; and

(b) Such condition has not been adequately addressed with supportive services and/or corrective measures previously provided to the juvenile, or the juvenile's needs with respect to the serious emotional disturbance are not being met or have not been met.

(2) The court may convene a screening team consisting of representatives from the department of health and welfare, county probation, local school officials, teen early intervention specialists as provided for under section 16-2404A, Idaho Code, the department of juvenile corrections and/or other agencies or persons designated by the court to review the plan of treatment and provide written recommendations to the court. Parents and guardians of the juvenile or juvenile offender, if available, shall be included in the screening team and consulted with regard to the plan of treatment.

(3) If the court, after receiving the mental health assessment and plan of treatment submitted by the department of health and welfare and any recommendations from the screening team, determines that additional information is necessary to determine whether the conditions set forth in subsections (1)(a) and (1)(b) of this section are present, or to determine an appropriate plan of treatment for the juvenile or juvenile offender, the court may order an evaluation and/or recommendations for treatment to be furnished by a psychiatrist, licensed physician or licensed psychologist, with the expenses of such evaluation and/or recommendations to be borne by the department of health and welfare.

(4) If the court concludes that the conditions set forth in subsections (1)(a) and (1)(b) of this section are present, the plan of treatment, as approved by the court, shall be entered into the record as an order of the court. The department of health and welfare shall provide mental health treatment as designated by the approved plan of treatment. If in-patient or residential treatment is required as part of the plan of treatment, the court shall hold a hearing on whether to order such treatment unless the hearing is waived by the juvenile or juvenile offender and his or her parents or guardians. The court may order parents, legal guardians or custodians to adhere to the treatment designated in the plan of treatment. Representatives from the department of health and welfare, county probation, local school officials, teen early intervention specialists as provided for under section 16-2404A, Idaho Code, the department of juvenile corrections and/or other agencies or persons designated by the court shall attend case review hearings as scheduled by the court.

(5) All costs associated with assessment and treatment shall be the responsibility of the parents of the juvenile or juvenile offender according to their ability to pay pursuant to section 39-3140, Idaho Code. The financial obligation of the family 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, 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 or parental rights.

History:

[20-511A, added 2005, ch. 223, sec. 1, p. 699; am. 2007, ch. 309, sec. 4, p. 873; am. 2012, ch. 19, sec. 11, p. 49; am. 2025, ch. 110, sec. 18, p. 587.]
Idaho Code § 20-418 — Idaho Code / Title 20 / Chapter 4 / Section 20-418
20-418 DETERMINATION OF PRICES.
Status: in_force

20-418. Determination of prices. The board shall from time to time determine the price at which such services, articles, materials, and supplies shall be sold.

History:

[I.C., sec. 20-418, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 16, p. 226.]
Idaho Code § 20-1007 — Idaho Code / Title 20 / Chapter 10 / Section 20-1007
20-1007 CONDITIONS OF PAROLE TO BE SPECIFIED IN WRITING — WARRANT FOR ARREST OF SUSPECTED VIOLATORS — EFFECT OF SUSPENSION AND ARREST.
Status: in_force

20-1007. Conditions of parole to be specified in writing — Warrant for arrest of suspected violators — Effect of suspension and arrest. (1) The commission, in releasing a person on parole, shall specify in writing the conditions of parole, and a copy of such conditions shall be given to the person paroled. The commission shall include in the conditions of parole a requirement that the defendant enter into and comply with an agreement of supervision with the board of correction. The agreement of supervision shall include provisions setting forth the potential sanctions for a violation of the conditions imposed and potential rewards for compliance with the conditions imposed, as such sanctions and rewards are set forth in rules of the board.

(2) Any person released to parole shall be given notice that he waives his constitutional rights under the fourth amendment to the constitution of the United States and section 17, article I of the constitution of the state of Idaho and consents to warrantless search and seizure of his person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his control or possession, at any time, day or night, with or without cause, by a probation and parole officer, county probation officer, or peace officer as defined in section 19-5101(d), Idaho Code.

(3) Any person released to parole shall agree to the conditions of parole as provided in this section and any other terms the commission deems necessary and shall acknowledge acceptance in writing. If the parolee fails to agree and accept said terms, he shall be ineligible to be released on parole.

(4) Probation and parole officers, county probation officers, and peace officers shall not conduct searches or seizures for the sole purpose of harassment.

(5) Whenever the commission finds that a parolee may have violated the conditions of parole, the written order of the commission, signed by a majority of the full commission, by a unanimous panel of three (3) commissioners, or by the executive director, shall be sufficient warrant for any law enforcement officer to take into custody such person, and it is hereby made the duty of all sheriffs, police, constables, parole and probation officers, prison officials and other peace officers to execute such order. Such warrant shall serve to suspend the person's parole until a determination on the merits of the allegations of the violation has been made pursuant to a revocation hearing. From and after the issuance of the warrant and suspension of the parole of any convicted person and until arrest, the parolee shall be considered a fugitive from justice. Such person so recommitted, except as provided in section 20-1010, Idaho Code, must serve out the sentence, and the time during which such prisoner was out on parole shall not be deemed a part thereof, unless the commission, in its discretion, shall determine otherwise, but nothing herein contained shall prevent the commission from again paroling such prisoners at its discretion.

History:

[(20-1007) 20-228, added 1947, ch. 53, sec. 28, p. 59; am. 1970, ch. 105, sec. 1, p. 263; am. 1980, ch. 297, sec. 10, p. 772; am. 1994, ch. 171, sec. 3, p. 384; am. 1998, ch. 327, sec. 2, p. 1057; am. 2014, ch. 150, sec. 15, p. 428; am. and redesig. 2021, ch. 196, sec. 9, p. 532; am. 2024, ch. 164, sec. 9, p. 628; am. 2025, ch. 140, sec. 2, p. 711.]
Idaho Code § 20-419 — Idaho Code / Title 20 / Chapter 4 / Section 20-419
20-419 ACCOUNT AS CONTINUING APPROPRIATION — NONREVERSION.
Status: in_force

20-419. Account as continuing appropriation — Nonreversion. All moneys transferred to or hereafter placed in the correctional industries betterment account are hereby perpetually appropriated for the use and purposes specified in this chapter. The correctional industries betterment account or any surplus funds in said account shall not revert to the state general account.

History:

[I.C., sec. 20-419, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1983, ch. 223, sec. 8, p. 621.]
Idaho Code § 20-519A — Idaho Code / Title 20 / Chapter 5 / Section 20-519A
20-519A EXAMINATION OF JUVENILE — COMPETENCY — APPOINTMENT OF PSYCHIATRISTS, LICENSED PSYCHOLOGISTS OR EVALUATION COMMITTEE — HOSPITALIZATION — REPORT.
Status: in_force

20-519A. EXAMINATION OF JUVENILE — COMPETENCY — APPOINTMENT OF PSYCHIATRISTS, LICENSED PSYCHOLOGISTS OR EVALUATION COMMITTEE — HOSPITALIZATION — REPORT. (1) At any time after the filing of a delinquency petition, a party may request in writing, or the court on its own motion may order, that the juvenile be examined to determine if the juvenile is competent to proceed. The request shall state the facts in support of the request for a competency examination. If, based upon the provisions of subsection (2) of this section, the court determines that there is good cause to believe that the juvenile is incompetent to proceed, then the court shall stay all proceedings and appoint at least one (1) examiner who shall be a qualified psychiatrist or licensed psychologist, or shall order the department of health and welfare to designate, within two (2) business days, at least one (1) examiner who shall be a qualified psychiatrist or licensed psychologist, to examine and report upon the mental condition of the juvenile. If there is reason to believe the basis for the juvenile's incompetency is due to a developmental disability, the court shall appoint an evaluation committee as defined in section 66-402, Idaho Code, or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee, to examine and report upon the mental condition of the juvenile. The county shall be responsible for the cost of such evaluation subject to any reimbursement by the parents or other legal guardian of the juvenile. The court may order the parents or other legal guardian of the juvenile, unless indigent, to contribute to the costs of such examination in an amount to be set by the court after due notice to the parent or other legal guardian and the opportunity to be heard.

(2) A juvenile is competent to proceed if he or she has:

(a) A sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding;

(b) A rational and factual understanding of the proceedings against him or her; and

(c) The capacity to assist in preparing his or her defense.

(3) Within three (3) business days of the appointment or designation of an examiner or an evaluation committee pursuant to the provisions of subsection (1) of this section, the examiner or evaluation committee shall determine the best location for the examination. The examination shall be conducted on an outpatient basis unless the court specifically finds that hospitalization or confinement of the juvenile for evaluation of competency is necessary, the juvenile is currently hospitalized in a psychiatric hospital or the juvenile is detained. The court may order the juvenile be confined to a hospital or other suitable facility, including detention as defined in section 20-502, Idaho Code, after a hearing to determine whether such confinement is necessary. Any such confinement shall be for the purpose of examination and shall be for a period not exceeding ten (10) days from the date of admission to the hospital or other suitable facility. The court, upon request, may make available to the examiner or the evaluation committee any court records relating to the juvenile.

(4) The examiner or evaluation committee may employ any method of examination that is accepted by the examiner's profession for the examination of juveniles alleged not to be competent, provided that such examination shall, at a minimum, include formal assessments of the juvenile in each of the following domains:

(a) Cognitive functioning;

(b) Adaptive functioning;

(c) Clinical functioning;

(d) Comprehension of relevant forensic issues; and

(e) Genuineness of effort.

(5) If at any time during the examination process, the examiner has reason to believe that the juvenile's alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall appoint an evaluation committee, or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee, to examine and report upon the mental condition of the juvenile. Conversely, if at any time during the examination process an evaluation committee has reason to believe the juvenile's alleged incompetency is not the result of a developmental disability, the evaluation committee shall immediately notify the court so the examination can be completed by a qualified psychiatrist or licensed psychologist as set forth in subsection (1) of this section. The new examination and report shall be conducted within the time frames set forth in subsection (6) of this section.

(6) The examiner or evaluation committee shall submit a written report to the court within thirty (30) days of receipt of the appointment or designation. The report shall address the factors set forth in section 20-519B, Idaho Code. If the examiner or evaluation committee determines that the juvenile is incompetent to proceed, the report shall also include the following:

(a) The nature of the mental disease, defect, disability or other condition including chronological age that is the cause of the juvenile's incompetency;

(b) The juvenile's prognosis;

(c) Whether the examiner or evaluation committee believes the juvenile may be restored to competency and an estimated time period in which competence could be restored with treatment;

(d) If the juvenile may be restored to competency, the recommendations for restoration shall be the least restrictive alternative that is consistent with public safety;

(e) If the juvenile is not competent and there is no substantial probability that the juvenile can be restored to competency within six (6) months, a recommendation as to whether the juvenile meets the criteria set forth in section 16-2418, 66-329(11) or 66-406(11), Idaho Code, and identification of any other services recommended for the juvenile that are the least restrictive, community based and consistent with public safety; and

(f) No statements of the juvenile relating to the alleged offense shall be included in the report unless such statements are relevant to the examiner or evaluation committee's opinion regarding competency.

(7) The court, upon a finding of good cause, may alter the time frames for the designation of an examiner or evaluation committee, the completion of the examination or the completion of the report but shall ensure that the examination and competency determination occur as expeditiously as possible. The court may, upon a finding of good cause, vacate or continue the ninety (90) day restoration review hearing set forth in section 20-519C, Idaho Code.

(8) The report of the examination shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the juvenile.

(9) If the examination cannot be conducted by reason of the unwillingness of the juvenile to participate, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the juvenile was the result of age, mental disease, defect or disability and whether the examiner recommends that a second examiner be appointed to examine the juvenile.

History:

[20-519A, added 2011, ch. 178, sec. 1, p. 505.]
Idaho Code § 20-227 — Idaho Code / Title 20 / Chapter 2 / Section 20-227
20-227 ARREST OF PAROLEE, PROBATIONER OR PERSON UNDER DRUG COURT OR MENTAL HEALTH COURT SUPERVISION WITHOUT WARRANT — AGENT'S WARRANT — DETENTION — REPORT TO COMMISSION OR COURT.
Status: in_force

20-227. Arrest of parolee, probationer or person under drug court or mental health court supervision without warrant — Agent's warrant — Detention — Report to commission or court. (1) Any parole or probation officer may arrest a parolee, probationer, or person under drug court or mental health court supervision without a warrant, or may deputize any other officer with power of arrest to do so, by giving such officer a written statement hereafter referred to as an agent's warrant, setting forth that the parolee, probationer, or person under drug court or mental health court supervision has, in the judgment of said parole or probation officer, violated the conditions of drug court or mental health court or conditions of his parole or probation. The provisions of this section shall apply where the court has provided for the service of discretionary jail time.

(2) Such written statement or agent's warrant, delivered with the parolee, probationer, or person under drug court or mental health court supervision by the arresting officer to the official in charge of the institution from which the parolee was released, the county jail or other place of detention, shall be sufficient warrant for the detention of the probationer, parolee, or person under drug court or mental health court supervision.

(3) The agent's warrant issued by the parole or probation officer shall be sufficient authorization for a local law enforcement officer to transport the probationer, parolee, or person under drug court or mental health court supervision to the appropriate jurisdiction to be housed pending appearance before the sentencing court or the commission.

(4) The parole and probation officer shall at once notify the commission, or the court, of the arrest and detention of the parolee, probationer, or person under drug court or mental health court supervision, and shall submit in writing a report showing in what manner the parolee, probationer, or person under drug court or mental health court supervision is alleged to have violated the condition of his or her parole, probation, or drug court or mental health court program. When a probationer is arrested pursuant to an agent's warrant, the supervising officer shall provide the prosecuting attorney with a copy of the notice of arrest and the report.

(5) In counties where there are misdemeanor probation officers in addition to department of correction parole or probation officers, those officers shall have the same authority conferred upon department of correction parole or probation officers in this section to arrest a misdemeanor probationer without a warrant for misdemeanor probation violations occurring in the officer's presence as otherwise provided in this section.

(6) When a probationer has been arrested by the supervising officer without a warrant or pursuant to an agent's warrant, the supervising officer shall submit to the court, to the prosecuting attorney and to the facility where the probationer is detained, a statement of probable cause for the violation. The statement shall be attested to under oath or under penalty of perjury pursuant to section 9-1406, Idaho Code, and shall be submitted within twenty-four (24) hours of the arrest. If a judicial determination of probable cause is not made within forty-eight (48) hours of arrest, then the probationer shall be released.

History:

[20-227, added 1947, ch. 23, sec. 27, p. 59; am. 1980, ch. 297, sec. 9, p. 772; am. 1994, ch. 424, sec. 1, p. 1332; am. 1999, ch. 300, sec. 1, p. 752; am. 2004, ch. 227, sec. 2, p. 670; am. 2006, ch. 143, sec. 1, p. 404; am. 2014, ch. 150, sec. 14, p. 427.]
Idaho Code § 20-537 — Idaho Code / Title 20 / Chapter 5 / Section 20-537
20-537 PROGRAM RECORDS AS PROPERTY OF DEPARTMENT — CONTROL OF RECORDS.
Status: in_force

20-537. Program records as property of department — Control of records. All records maintained by providers under contract with the department to provide services to juvenile offenders are the property of the department and shall be returned to it when the juvenile offenders are terminated from the provider's programs. The department shall maintain an accurate audit trail of information provided to other programs, providers or agencies regarding juvenile offenders under its jurisdiction.

History:

[(20-537) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 41, p. 96.]
Idaho Code § 20-209D — Idaho Code / Title 20 / Chapter 2 / Section 20-209D
20-209D FORFEITURE OF CONTRABAND PROPERTY OR MONEY FOUND IN POSSESSION OF INMATES.
Status: in_force

20-209D. Forfeiture of contraband property or money found in possession of inmates. The state board of correction, or its designee, shall have the authority to confiscate contraband money found in the possession of the inmates and thereafter deposit the money in the department of correction receipts account, and to dispose of other contraband property found in possession of inmates by donation to a nonprofit organization.

History:

[20-209D, added 1979, ch. 205, sec. 2, p. 588; am. 1983, ch. 223, sec. 1, p. 619; am. 1989, ch. 213, sec. 1, p. 522.]
Idaho Code § 20-235 — Idaho Code / Title 20 / Chapter 2 / Section 20-235
20-235 CERTIFICATION AND WARRANTS FOR EXPENSES.
Status: in_force

20-235. Certification and warrants for expenses. The chairman of the state board of correction, or his designee, is hereby authorized to certify all sums to be expended by said board in carrying out the purpose of this act to the state board of examiners, and the state board of examiners, upon the approval of said sums, shall cause the state controller to draw warrants for the amount of the same.

History:

[20-235, added 1947, ch. 53, sec. 35, p. 59; am. 1974, ch. 6, sec. 7, p. 28; am. 1994, ch. 180, sec. 12, p. 429.]
Idaho Code § 20-220 — Idaho Code / Title 20 / Chapter 2 / Section 20-220
20-220 INVESTIGATION AND EXAMINATION TO PRECEDE PROBATION OR SUSPENSION OF SENTENCE.
Status: in_force

20-220. Investigation and examination to precede probation or suspension of sentence. When a probation and parole officer is available to the court, no defendant shall be placed on probation until a written report of investigation by a parole and probation officer shall have been presented to and considered by the court, and no defendant charged with a felony or indictable offense shall be released under suspension of sentence without such investigation. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Whenever practicable, such investigation shall include a physical and mental examination of the defendant. If a defendant is committed to any institution, the probation officer shall send a report of such investigation to the institution at the time of commitment.

History:

[20-220, added 1947, ch. 53, sec. 20, p. 59.]
Idaho Code § 20-245 — Idaho Code / Title 20 / Chapter 2 / Section 20-245
20-245 OFFENDER LABOR ON STATE AND COMMUNITY SERVICE PROJECTS.
Status: in_force

20-245. Offender labor on state and community service projects. (1) Offender labor on state projects. The state board of correction shall have the authority to use, under such rules as they may prescribe, the labor of offenders either within or without the walls of the penitentiary and on all public works done under the direct control of the state; that offender labor under control of the state board of correction shall manufacture and repair state highway signs, except for highways and projects where federal regulations would prohibit the use of signs so manufactured; provided, that so far as practicable any manufacture conducted within the walls shall be in connection with metal motor license plates, road or street signs furnished by the state or used by its municipalities, wearing apparel, articles and containers, for state use in the various departments or institutions of the state not for sale upon the open market. When any product produced by the offender shall be used by any department or other institution of the state, the current appropriation shall receive from such department or institution such reimbursement therefor as may be fixed by the state board of correction with the approval of the state board of examiners.

(2) Offender labor on community service projects. The state board of correction shall have the authority to assign parolees under department of correction supervision, probationers under court order or department of correction supervision and offender residents of community work centers under the direction or order of the board of correction, as community service workers as set forth in section 72-102(5), Idaho Code. The state board of correction shall have the authority to charge offenders performing community service work an hourly fee in an amount to be determined by the state insurance fund, to be remitted to the state insurance fund for purposes of providing worker's compensation insurance for parolees, probationers or community work center residents assigned as community service workers.

History:

[20-245, added 1947, ch. 53, sec. 45, p. 59; am. 1957, ch. 207, sec. 1, p. 434; am. 2004, ch. 149, sec. 2, p. 483; am. 2006, ch. 206, sec. 3, p. 633; am. 2021, ch. 82, sec. 3, p. 271.]
Idaho Code § 20-522 — Idaho Code / Title 20 / Chapter 5 / Section 20-522
20-522 JURISDICTION OVER PARENTS.
Status: in_force

20-522. Jurisdiction over parents. Whenever a juvenile offender is found to come under the purview of this chapter, the court shall have jurisdiction and authority to have the juvenile offender and the juvenile offender's parent(s), legal guardian or custodian sign a probationary contract with the court containing terms and conditions that the juvenile offender and the juvenile offender's parent(s), legal guardian or custodian must adhere to as a condition of the juvenile offender's probation. The probationary contract may provide that upon a violation or breach of the terms and conditions of the probationary contract, the juvenile offender's parent(s), legal guardian or custodian shall be liable to the court for a specific monetary sum not in excess of one thousand dollars ($1,000) for the breach of contract. All such moneys shall be payable to the court and shall be in addition to any other fines, penalties or other sanctions provided by law. Any moneys received by the court pursuant to this section shall be paid into the juvenile corrections fund created in section 20-542, Idaho Code. In lieu of or in addition to a monetary payment, the court may order that the parent(s), legal guardian or custodian attend parenting classes or undergo other treatment or counseling. Any person violating any order of the court entered under the provisions of this section shall be subject to contempt proceedings under the provisions of chapter 6, title 7, Idaho Code.

History:

[(20-522) 1989, ch. 155, sec. 6, p. 379; am. and redesig. 1995, ch. 44, sec. 23, p. 90; am. 1995, ch. 277, sec. 7, p. 936; am. 1996, ch. 359, sec. 3, p. 1211; am. 2001, ch. 15, sec. 2, p. 19; am. 2012, ch. 19, sec. 18, p. 57.]
Idaho Code § 20-101A — Idaho Code / Title 20 / Chapter 1 / Section 20-101A
20-101A GOOD CONDUCT REDUCTION OF SENTENCES.
Status: in_force

20-101A. Good conduct reduction of sentences. Each person convicted of an offense against the state, which was committed prior to July 1, 1986, and confined in a penal or correctional institution for a definite term other than for life, whose record of conduct shows that he has faithfully observed all the rules and has not been subject to punishment, is entitled to a deduction from the term of his sentence beginning with the day on which the sentence starts to run as follows:

(1) Five (5) days for each month, if the sentence is not less than six (6) months and not more than one (1) year.

(2) Six (6) days for each month, if the sentence is more than one (1) year and less than three (3) years.

(3) Seven (7) days for each month, if the sentence is not less than three (3) years and less than five (5) years.

(4) Eight (8) days for each month if the sentence is not less than five (5) years and less than ten (10) years.

(5) Ten (10) days for each month, if the sentence is ten (10) years or more.

When two (2) or more consecutive sentences are served, the basis upon which the deduction is computed is the aggregate of several sentences.

In addition, those inmates doing an outstanding job, may be awarded industrial or meritorious goodtime under rules adopted by the state board of correction, not to exceed five (5) days per month.

Inmates performing exceptionally meritorious or outstanding services under rules adopted by the state board of correction may be awarded a lump sum of goodtime. The number of days awarded may not exceed the regulatory maximum.

History:

[I.C., sec. 20-101A, as added by 1971, ch. 96, sec. 1, p. 208; am. 1972, ch. 30, sec. 1, p. 44; am. 1986, ch. 322, sec. 1, p. 789.]
Idaho Code § 20-223 — Idaho Code / Title 20 / Chapter 2 / Section 20-223
20-223 PAROLE — LEGISLATIVE INTENT — REQUIRED REPORT.
Status: in_force

20-223. Parole — legislative intent — 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.

(2) The department of correction and board shall assist the commission where required by law and, consistent with subsection (1) of this section, in carrying out the provisions of chapter 10, title 20, Idaho Code.

(3) The department of correction shall promulgate rules in consultation with the commission to prepare prisoners for parole. The department of correction shall create sufficient programming opportunities, such that lack of access to programming is not the primary cause in delaying parole eligibility. The department shall promulgate rules to include case plan development upon entry into prison and a current risk assessment before all parole hearings.

(4) By February 1 of each year, the department of correction 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:

[20-223, added 1980, ch. 297, sec. 6, p. 770; am. 1985, ch. 122, sec. 6, p. 302; am. 1986, ch. 232, sec. 5, p. 640; am. 1989, ch. 369, sec. 1, p. 926; am. 1993, ch. 106, sec. 1, p. 271; am. 1998, ch. 327, sec. 1, p. 1055; am. 1999, ch. 326, sec. 1, p. 834; am. 2000, ch. 368, sec. 3, p. 1221; am. 2006, ch. 251, sec. 1, p. 760; am. 2013, ch. 241, sec. 1, p. 569; am. 2014, ch. 150, sec. 12, p. 424; am. 2017, ch. 182, sec. 4, p. 418; am. 2021, ch. 196, sec. 6, p. 528.]
Idaho Code § 20-238 — Idaho Code / Title 20 / Chapter 2 / Section 20-238
20-238 CLOTHING AND TRANSPORTATION TO BE FURNISHED PRISONERS UPON PAROLE OR FINAL DISCHARGE.
Status: in_force

20-238. Clothing and transportation to be furnished prisoners upon parole or final discharge. Upon the release of any convicted person upon parole the state board of correction shall provide him or her with necessary wearing apparel and may also provide him or her with a bus or railroad transportation ticket to the place designated for parole, together with sufficient cash to procure meals in transit. Upon final discharge from the penitentiary, the board shall provide the convicted person with similar clothing and may furnish transportation and cash for meals to his home, or to the place from which the convicted person was committed to the penitentiary.

History:

[20-238, added 1947, ch. 53, sec. 38, p. 59.]
Idaho Code § 20-533A — Idaho Code / Title 20 / Chapter 5 / Section 20-533A
20-533A COMPLIANCE WITH OPEN MEETINGS LAW — EXECUTIVE SESSIONS AUTHORIZED — CONFIDENTIALITY OF RECORDS.
Status: in_force

20-533A. Compliance with open meetings law — Executive sessions authorized — Confidentiality of records. (1) All meetings of the custody review board of the Idaho department of juvenile corrections shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code, provided however:

(a) Deliberations and decisions of the board concerning whether or not a juvenile offender shall be held in custody of the Idaho department of juvenile corrections for an extended period of time past his or her nineteenth birthday may be made in executive session; and

(b) Votes of individual members in custody decisions shall not be made public, provided that the board shall maintain a record of the votes of the individual members as required in subsection (2) of this section.

(2) A written record of the vote to retain the juvenile offender in custody for an extended period of time by each board member in each case reviewed by that member shall be produced by the board. Such record shall be kept confidential and privileged from disclosure, provided the record shall be made available upon request to the governor, the chairman of the senate judiciary and rules committee and the chairman of the house of representatives judiciary, rules and administration committee for all lawful purposes.

(3) A board member or employee of the Idaho department of juvenile corrections who distributes to any person not specifically listed in this section any hearing information or records that are legally required to be kept confidential shall be guilty of a misdemeanor.

(4) Nothing contained in this section shall prevent any person from obtaining the results of any action by the board or director of the Idaho department of juvenile corrections without reference to the manner in which any member voted, and the board shall make such information public unless doing so would violate public records laws.

(5) Nothing contained in this section shall prevent the director, designated staff of the director, the governor, the chairman of the senate judiciary and rules committee or the chairman of the house of representatives judiciary, rules and administration committee from attending any meeting, including any executive session, of the custody review board.

History:

[20-533A, added 2003, ch. 164, sec. 2, p. 465; am. 2012, ch. 19, sec. 30, p. 63; am. 2017, ch. 58, sec. 10, p. 106; am. 2017, ch. 87, sec. 1, p. 234.]
Idaho Code § 20-1004 — Idaho Code / Title 20 / Chapter 10 / Section 20-1004
20-1004 DUTIES AND POWERS OF THE COMMISSION.
Status: in_force

20-1004. duties and powers of the commission. The commission shall:

(1) Have the powers relating to commutation, pardon and remission of fines and forfeitures as set forth in section 7, article IV of the Idaho constitution;

(2) Subject to and consistent with the provisions of this chapter and section 19-2513, Idaho Code, decide whether any prisoner who is eligible for parole may be released on parole;

(3) Subject to and consistent with the provisions of section 7, article IV of the constitution of the state of Idaho; chapter 2, title 20, Idaho Code; and section 19-2513, Idaho Code; and in compliance with chapter 52, title 67, Idaho Code, have the authority to promulgate rules to establish the procedures to carry out the provisions of this chapter, including procedures under which any eligible prisoner may be released on parole;

(4) Specify in writing the conditions of parole for every prisoner released on parole and provide every prisoner released on parole with a copy of the conditions of parole;

(5) Subject to and consistent with the provisions of this chapter, issue orders of final discharge from parole for eligible parolees; and

(6) Carry out all other duties and powers relating to the commission as set forth in Idaho Code.

History:

[(20-1004) 20-210A, added 2014, ch. 150, sec. 7, p. 420; am. and redesig. 2021, ch. 196, sec. 5, p. 528; am. 2024, ch. 164, sec. 7, p. 626.]
Idaho Code § 20-414 — Idaho Code / Title 20 / Chapter 4 / Section 20-414
20-414 DISPOSITION OF PRODUCTS.
Status: in_force

20-414. Disposition of products. All articles, materials, and supplies produced or manufactured under the provisions of this chapter shall be solely and exclusively for public or nonprofit organization use and no article, material, or supplies produced or manufactured under the provisions of this chapter shall ever be sold, supplied, furnished, and exchanged, or given away for any private use or profit, except as allowed by section 20-413, Idaho Code. However, by-products and surpluses of agricultural and animal husbandry enterprises may be sold to private persons, at private sale, under rules prescribed by the board of correction.

History:

[20-414, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 12, p. 224; am. 2020, ch. 83, sec. 11, p. 220.]
Idaho Code § 20-101D — Idaho Code / Title 20 / Chapter 1 / Section 20-101D
20-101D MERITORIOUS REDUCTION OF SENTENCE.
Status: in_force

20-101D. Meritorious reduction of sentence. (1) Each person convicted of an offense against the state committed on or after July 1, 1986, sentenced and confined in a state correctional facility for any term other than life, may be awarded a meritorious conduct reduction of their sentence by the director of the department of correction. Meritorious conduct reduction of the sentence may be awarded when an inmate completes an extraordinary act of heroism at the risk of his own life or for outstanding service to the state of Idaho which results in the saving of lives, prevention of destruction or major property loss during a riot, or the prevention of an escape from a correctional facility. The award of a meritorious conduct reduction may be given under rules adopted by the Idaho board of correction. The number of days awarded may not exceed fifteen (15) days for each month sentenced.

(2) For each inmate sentenced for a crime committed on or after July 1, 1986, the director of the department of correction may withdraw a meritorious conduct reduction awarded pursuant to subsection (1) of this section according to rules of the board of correction.

History:

[20-101D, added 1986, ch. 322, sec. 2, p. 790.]
Idaho Code § 20-1017 — Idaho Code / Title 20 / Chapter 10 / Section 20-1017
20-1017 REQUIRED PUBLICATIONS AND LIMITATION ON APPLICATIONS FOR COMMUTATIONS AND PARDONS.
Status: in_force

20-1017. REQUIRED PUBLICATIONS AND LIMITATION ON APPLICATIONS FOR COMMUTATIONS AND PARDONS. (1) When applications for pardon or commutation are scheduled to be considered at a meeting of the commission, the executive director shall cause to be published in some newspaper of general circulation at Boise, Idaho, all notice required by the constitution of the state of Idaho immediately prior to the hearing. Such notices shall list the names of all persons making application for pardon or commutation, and a copy of such notice shall be provided to each prosecuting attorney of any county from which any such person was committed to the custody of the board.

(2) The commission may in its discretion consider but one (1) application for pardon or commutation from any one (1) person in any twelve (12) month period.

History:

[(20-1017) 20-213, added 1947, ch. 53, sec. 13, p. 59; am. 1951, ch. 118, sec. 1, p. 273; am. 1969, ch. 419, sec. 2, p. 1160; am. 1980, ch. 297, sec. 1, p. 769; am. and redesig. 2021, ch. 196, sec. 19, p. 536.]
Idaho Code § 20-219 — Idaho Code / Title 20 / Chapter 2 / Section 20-219
20-219 PROBATION AND PAROLE SUPERVISION AND TRAINING — LIMITED SUPERVISION — RULEMAKING.
Status: in_force

20-219. Probation and parole supervision and training — limited supervision — rulemaking. (1) The state board of correction shall be charged with the duty of:

(a) Supervising all persons convicted of a felony placed on probation to the board;

(b) Supervising all persons released from the state penitentiary on parole;

(c) Supervising all persons convicted of a felony released on parole or probation from other states and residing in the state of Idaho;

(d) Program delivery, as "program" is defined in section 20-216, Idaho Code, to all persons under its probation or parole supervision based on individual criminal risk factors and specific needs;

(e) Making such investigations as may be necessary;

(f) Reporting alleged violations of parole in specific cases to the commission to aid in determining whether the parole should be continued or revoked;

(g) Reporting alleged violations of the terms or conditions of probation in specific cases to the court and the prosecuting attorney to aid in determining whether the probation should be continued or revoked;

(h) Preparing a case history record of the prisoners to assist the commission or the courts in determining if they should be paroled or should be released on probation; and

(i) Supervising juveniles convicted as adults with a blended sentence pursuant to and in the manner described in section 19-2601A, Idaho Code.

(2) Any person placed on probation or parole and who has been designated as a violent sexual predator pursuant to chapter 83, title 18, Idaho Code, shall be monitored with electronic monitoring technology for the duration of the person's probation or parole period. Any person who, without authority, intentionally alters, tampers with, damages, or destroys any electronic monitoring equipment shall be guilty of a felony.

(3) The state board of correction shall have the discretion to determine the level of supervision of all persons under its supervision, except those who are being supervised by a problem solving court. "Level of supervision" includes the determination of the following:

(a) The frequency, location, methods and nature of contact with the supervising officer;

(b) Testing requirements and frequency;

(c) Contact restrictions;

(d) Curfew restrictions; and

(e) Reporting requirements.

(4) Subject to the availability of moneys, caseloads for supervising officers who are supervising offenders determined by the department of correction's validated risk assessment to be high or moderate risk of rearrest should not exceed an average of fifty (50) offenders per supervising officer.

(5) In carrying out its duty to supervise felony probationers and parolees, the state board of correction shall use evidence-based practices, shall target the offender's criminal risk and need factors with appropriate supervision and intervention and shall focus resources on those identified by the board as moderate-risk and high-risk offenders. The supervision shall include:

(a) Use of validated risk and needs assessments of the offender that measure criminal risk factors, specific individual needs and driving variable supervision levels;

(b) Use of assessment results to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;

(c) Collateral and personal contacts with the offender and community that may be unscheduled and which shall occur as often as needed based on the offender's supervision level and risk of reoffense and based on the need to stay informed of the offender's conduct, compliance with conditions and progress in community-based intervention;

(d) Case planning for each offender assessed as moderate to high risk to reoffend; and

(e) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the offender to improve his or her conduct and circumstances so as to reduce the offender's risk of recidivism.

(6) The state board of correction shall provide all supervising officers with initial and ongoing training and professional development services to support the implementation of evidence-based supervision practices. All supervising officers employed as of the effective date of this section shall complete the training requirements set forth in this subsection on or before July 1, 2016. All supervising officers hired after the effective date of this section shall complete the training requirements set forth in this subsection within two (2) years of their hire date. The training and professional development services shall include:

(a) Assessment techniques;

(b) Case planning;

(c) Risk reduction and intervention strategies;

(d) Effective communication skills;

(e) Behavioral health needs;

(f) Application of core correctional practices, including motivational interviewing, cognitive restructuring, structured skill building, problem solving, reinforcement and use of authority;

(g) Training for supervising officers to become trainers so as to ensure long-term and self-sufficient training capacity in the state; and

(h) Other topics identified by the board as evidence-based practices.

(7) The state board of correction shall promulgate rules in consultation with the Idaho supreme court to:

(a) Establish a program of limited supervision for offenders who qualify addressing eligibility, risk and needs assessments, transfers among levels of supervision and reporting to the court and the prosecuting attorney.

(b) Establish a matrix of swift, certain and graduated sanctions and rewards to be imposed by the board, without the necessity of a hearing, in response to corresponding violations of or compliance with the terms or conditions imposed. Sanctions for violations shall include, but are not limited to, community service, increased reporting, curfew, submission to substance use assessment, monitoring or treatment, submission to cognitive behavioral treatment, submission to an educational or vocational skills development program, submission to a period of confinement in a local correctional facility for no more than three (3) consecutive days and house arrest. Rewards for compliance shall include, but are not limited to, decreased reporting and transfer to limited supervision.

History:

[20-219, added 1947, ch. 53, sec. 19, p. 59; am. 1980, ch. 297, sec. 4, p. 770; am. 1993, ch. 101, sec. 2, p. 256; am. 2008, ch. 65, sec. 1, p. 168; am. 2014, ch. 150, sec. 9, p. 422; am. 2015, ch. 113, sec. 5, p. 286; am. 2017, ch. 182, sec. 3, p. 416.]
Idaho Code § 20-237 — Idaho Code / Title 20 / Chapter 2 / Section 20-237
20-237 TRANSMISSION OF CONVICTED PERSONS TO PENITENTIARY OR CUSTODY OF BOARD — NOTICE OF CONVICTION TO DIRECTOR — TRANSPORTED BY GUARDS — TIME FOR NOTICE.
Status: in_force

20-237. Transmission of convicted persons to penitentiary or custody of board — Notice of conviction to director — Transported by guards — Time for notice. When any person is convicted in any court of the state and sentenced to imprisonment and committed to the custody of the state board of correction, or sentenced to suffer the death penalty, the sheriff of the county in which such conviction shall have been had shall immediately, upon passing of sentence, notify the director that a person is in his custody. Such notice shall be transmitted by either telegraph or telephone, followed by a written confirmation by certified mail. As soon as possible upon receipt of such notice, the director shall dispatch one or more correctional officers, as may be necessary, from the department to the place where the convicted person is detained, to secure and convey said convicted person to any department of correction facility, or other facility within the state designated by the state board of correction. The convicted person, a certified copy of the judgment, a copy of the presentence investigation report, if any, a copy of any disciplinary reports filed against the convicted person while in the sheriff's custody and all of the additional documents and allowable personal property, including medications as set forth in section 20-243, Idaho Code, shall be delivered into the custody of the director or his representative at the time of or prior to the delivery of the convicted person to the department. If all such records, documents, and property are not delivered at that time, the director or his representative may refuse to accept or transport the convicted person to a department facility.

History:

[20-237, added 1947, ch. 53, sec. 37, p. 59; am. 1967, ch. 364, sec. 3, p. 1052; am. 1969, ch. 419, sec. 7, p. 1160; am. 1970, ch. 143, sec. 11, p. 425; am. 1991, ch. 116, sec. 1, p. 245.]
Idaho Code § 20-111 — Idaho Code / Title 20 / Chapter 1 / Section 20-111
20-111 PRISONERS IN STATE PENITENTIARY — JUSTIFIABLE KILLING OR WOUNDING.
Status: in_force

20-111. Prisoners in state penitentiary — Justifiable killing or wounding. If any prisoner threatens personal injury to any officer, keeper or guard of the state penitentiary or other place maintained by the state board of correction, or acts in such manner as may reasonably lead the officer, keeper or guard to believe his life or the life of any prisoner is in danger, or which leads the officer, keeper or guard, to believe the prisoner is attempting escape, then such officer, keeper or guard, may proceed forthwith to use any weapon he may have to enforce obedience, and if in so doing any prisoner shall be necessarily wounded or killed, the officer, keeper or guard is justified and shall be held guiltless. 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:

[20-111, added 1949, ch. 143, sec. 1, p. 251; am. 2010, ch. 351, sec. 1, p. 915.]
Idaho Code § 20-611 — Idaho Code / Title 20 / Chapter 6 / Section 20-611
20-611 TEMPORARY GUARDS.
Status: in_force

20-611. temporary guards. A county sheriff may hire a temporary guard or private security service to assist in the protection of the county jail, to transport inmates from one location to another, or to safely keep prisoners at a location such as a hospital, hospice care, or long-term care facility when required. The provisions of this section shall not confer onto any such hired person the powers of a peace officer or county detention officer.

History:

[20-611, added 2022, ch. 281, sec. 1, p. 893.]
Idaho Code § 20-803 — Idaho Code / Title 20 / Chapter 8 / Section 20-803
20-803 PRIVATE PRISON CONTRACTORS — CONTRACT OR APPROVAL REQUIRED TO CONSTRUCT AND OPERATE PRIVATE PRISON FACILITIES AND TO HOUSE OUT-OF-STATE PRISONERS.
Status: in_force

20-803. Private prison contractors — Contract or approval required to construct and operate private prison facilities and to house out-of-state prisoners. (1) A private prison contractor may not construct or operate a private prison facility in this state except pursuant to a contract with the state of Idaho, as authorized in chapter 2, title 20, Idaho Code, or pursuant to a written contract with a county or city of this state, as authorized by the provisions of this chapter.

(2) A private prison contractor may not house in a private prison facility in this state prisoners who have been convicted of offenses committed against the laws of a governmental entity other than the state of Idaho and its political subdivisions except pursuant to a written contract with the board of county commissioners of the county in which the facility is located or the governing body of the city in which the facility is located, and only if the requirements of this chapter are met.

History:

[20-803, added 1998, ch. 360, sec. 1, p. 1124; am. 2001, ch. 335, sec. 2, p. 1180.]
Idaho Code § 20-805 — Idaho Code / Title 20 / Chapter 8 / Section 20-805
20-805 CONTRACTS WITH A PRIVATE PRISON CONTRACTOR.
Status: in_force

20-805. Contracts with a private prison contractor. (1) A board of county commissioners or the governing body of a city, may enter into a contract with a private prison contractor for the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services, subject to the following requirements and limitations:

(a) Any request for proposals, any original contract, any contract renewal, any price or cost adjustment or any other amendment to any contract for the incarceration of individuals in a private prison facility shall be reviewed and approved by the contracting authority. The contract shall be in a form as provided for by the department of administration in consultation with the department of correction;

(b) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the contracting authority that the contractor possesses the necessary qualifications and experience to provide the services specified in the contract; that the contractor can provide the necessary qualified personnel to implement the terms of the contract; that the financial condition of the contractor is such that the terms of the contract can be fulfilled; that the contractor has the ability to comply with applicable court orders and meet corrections standards; and that the proposed private prison facilities or the correctional services proposed by the contractor meet constitutional minimums;

(c) The contract shall provide for the assumption of liability by the private prison contractor for all claims arising from the services performed under the contract by the private prison contractor;

(d) No contract authorized by the provisions of this section shall be awarded until the private prison contractor provides a policy of insurance for all claims satisfactory to the contracting authority specifically including, but not limited to, insurance for civil rights claims as determined by a risk management or actuarial firm with demonstrated experience in public liability for state governments. The insurance policy shall provide coverage for the private prison contractor and its officers, guards, employees and agents as well as insure the state, including all state agencies, and all political subdivisions of the state with jurisdiction over the facility or in which a facility is located against all claims arising from the services performed under the contract by the private prison contractor, its officers, guards, employees and agents. The private prison contractor shall immediately provide written notification of cancellation of insurance to the state department of correction and the contracting authority. The private prison contractor may not self-insure. Proof of insurance shall be provided on or before January 1 of every year to the state department of correction and the contracting authority;

(e) If the contract includes construction or renovation, the contract shall require a performance bond approved by the contracting authority that is adequate and appropriate for the proposed construction or renovation contract;

(f) Except as otherwise permitted under the constitution or laws of the state of Idaho, no contract awarded pursuant to this section shall provide for the encumbrance of funds beyond the amount available for a fiscal year;

(g) The contract shall require the private prison contractor to be licensed by the department of correction pursuant to the provisions of this chapter.

(2) Any contract between a contracting authority and a private prison contractor, whereby the contractor provides for the housing, care, and control of prisoners in a facility operated by the contractor, shall contain, in addition to other provisions, terms and conditions:

(a) A requirement that the private prison contractor provide the services in a facility which meets correctional standards satisfying constitutional minimums, state and federal laws, rules and regulations and applicable court orders, including, but not limited to, all sanitation, food service, safety and health regulations;

(b) A requirement that the private prison contractor send copies of reports of inspections completed by appropriate authorities regarding compliance with laws, rules and regulations of the type described in subsection (2)(a) of this section to the governing authority of the local public entity in which the correctional facility is located;

(c) If a private prison contractor enters into a contract with a board of county commissioners for a private prison facility to be located on private land within the limits of any city, it shall be required that the contractor obtain written authorization from the governing body of the city in which the facility is to be located;

(d) A requirement that the private prison contractor provide training to its personnel to a level acceptable to the contracting authority. The provisions of this section shall not be construed to confer peace officer status upon any employee of the private prison contractor or to authorize the use of firearms. A private correctional officer or other designated employee of a private prison contractor may carry and use firearms in the course of the officer's or employee's employment only if the officer or employee is certified as having satisfactorily completed a training program approved by the department of correction and only if used to prevent escape from the facility or from custody while being transported to or from the facility or to prevent an act which would cause death or serious bodily injury to any person. The provisions of this section shall not be construed to confer county or city employee status upon any employee of the private prison contractor;

(e) A requirement that the private prison contractor will not employ any person at the private prison facility until after the private contractor has submitted to the bureau of criminal identification, on a form prescribed by the bureau, a request that the bureau conduct a criminal records check of the person and a requirement that the private prison contractor will not employ any person at the facility if the records check or other information possessed by the contractor indicates that the person has a criminal history or record, regardless of the form of judgment;

(f) A requirement that the private prison facility be staffed at all times to ensure supervision of prisoners and maintenance of security within the private prison facility and to provide for appropriate programs, transportation, security and other operational needs. In determining security needs for the private prison facility, the private contractor and the contract requirements shall fully take into account all relevant factors including, but not limited to, the proximity of the facility to neighborhoods and schools;

(g) A requirement that the private prison contractor, its officers, guards, employees, and agents immediately notify the county sheriff and any other law enforcement or other governmental entities, agencies or personnel named in the contract or required to be informed as provided in this chapter of any riot, rebellion, escape, crime or other emergency situation occurring inside or outside the facility, and a requirement that the private prison contractor reimburse costs as provided in section 20-809, Idaho Code. Notification shall be made by telephone and in writing. The written notice may be made by facsimile transmission or mail;

(h) A requirement that the private contractor adopt and use in the private prison facility a drug testing and treatment program that meets the standards of any drug testing and treatment program the department of correction uses for its prisoners in state correctional institutions;

(i) A requirement that the private prison contractor provide advance written notice to the county sheriff of the contracting authority and any other law enforcement or other governmental entities, agencies or personnel named in the contract, of its intent to provide for transport of any prisoners to or from the private prison facility and of the intended destination;

(j) A requirement that the private prison contractor shall be solely responsible for any damage caused by a prisoner in its custody and shall be solely responsible for security and all costs associated with transporting and housing prisoners to and from locations outside the private prison facility including, but not limited to, court, medical and sending facility locations. The private prison contractor's responsibility for costs will include, but not be limited to, all costs which may be required by court officials for additional security for the prisoner provided by federal, state, county or city officials;

(k) A requirement that no prisoner shall be housed in a private prison facility pursuant to this chapter without the prior approval of the department of correction pursuant to the provisions of this chapter. Prior to housing any proposed prisoner in the private prison facility, all records in the possession of, or available to, the sending entity, including, but not limited to, classification, medical information, conduct and confinement history of the prisoner shall be provided to the department of correction for review and the department shall have the authority to approve or reject housing of the prisoner based on standards as set forth pursuant to this chapter. Provided however, that in lieu of providing the department of correction with medical information of a prisoner, a sending entity may elect to certify, by a physician licensed in this state and employed by, or under contract with, the private prison facility, that the prisoner under consideration for placement in the facility has been tested, and has not tested positive, for the presence of HIV antibodies or antigens, hepatitis B virus, hepatitis C virus and tuberculosis;

(l) A requirement that the private prison contractor, prior to housing any out-of-state prisoner in the private prison facility under the contract, enter into an agreement with the local contracting governmental entity that sets forth a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall provide, in part, that the private prison contractor shall be responsible for housing and providing for the transportation of the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of such housing and transporting of those prisoners;

(m) A requirement that the private prison contractor conform to applicable standards, and obtain accreditation from, the American correctional association and the national commission on correction health care;

(n) A requirement that the private prison contractor indemnify and hold harmless the state, its officers, agents and employees and any local governmental entity in the state with jurisdiction over the place at which the private prison facility is located or that owns the private prison facility, and shall reimburse the state or local governmental entity for costs incurred defending the state or local governmental entity or any of its officers, agents or employees against all claims including the following:

(i) Any claims or losses for services rendered by the contractor, its officers, agents or employees, performing or supplying services in connection with the performance of the contract;

(ii) Any failure of the contractor, its officers, agents or employees to adhere to the laws, rules, regulations or terms agreed to in the contract;

(iii) Any constitutional, federal, state or civil rights claim brought against the governmental entity related to the facility operated and managed by the contractor;

(iv) Any claims, losses, demands or causes of action arising out of the activities in this state of the contractor, its officers, agents or employees;

(v) Any attorney's fees or court costs arising from any habeas corpus actions or other prisoner suits that may arise from any event that occurred at the facility or was a result of such an event, or arise over the conditions, management or operation of the facility, which fees and costs shall include, but not be limited to, attorney's fees for the governmental entity's representation and for any court-appointed representation of any prisoner.

(o) A clear statement that provisions set forth within this chapter do not affect any immunity or defense that the state and its officers and employees or a contracting authority and its officers and employees may be entitled to under another section of the Idaho Code, including, but not limited to chapter 9, title 6, Idaho Code;

(p) A clear statement that no immunity from liability granted to the state, and no immunity from liability granted to political subdivisions pursuant to chapter 9, title 6, Idaho Code, shall extend to the private prison contractor or any of the private prison contractor's employees;

(q) A requirement that the private prison contractor and its personnel comply with the provisions of this chapter, all laws of the state of Idaho, and all ordinances, policies and procedures of the contracting authority;

(r) A requirement that any ambiguities in the contract shall be construed against the private prison contractor and in favor of the contracting authority.

(3) Contracts awarded under the provisions of this section shall, at a minimum, comply with the following:

(a) Provide for internal and perimeter security to protect the public, employees and prisoners;

(b) Provide that the private prison contractor shall not benefit financially from the labor of prisoners nor shall any prisoner ever be placed in a position of authority over another prisoner. Any profits realized from the operation of a prison enterprise program shall revert to the contracting authority;

(c) Provide that the private prison contractor shall impose discipline on prisoners only in accordance with applicable rules, policies and procedures satisfying constitutional minimums, state and federal laws and applicable court orders;

(d) Require that the private prison contractor provide proper food, clothing, housing and medical care as provided for in the contract. The governmental entity contracting with the private prison contractor shall not be responsible for any costs associated with the medical care of prisoners in the custody of the private prison contractor.

(4) The contracting authority or its designee, as provided in the contract, shall monitor the performance of the private prison contractor. Included in the powers and responsibilities of the contracting authority or its designee, when acting as the contract monitor of the private prison contract are:

(a) A determination if the requirements of the contract are being satisfactorily performed;

(b) A determination whether the private prison contractor and its personnel are complying 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;

(c) A determination if applicable ordinances, written policies and procedures of the contracting authority are being followed by the private prison contractor and its personnel;

(d) A determination whether the facility is being operated in a manner which adequately safeguards and protects the safety of the public;

(e) Approval of all prisoner releases on furlough or work release;

(f) The enactment of ordinances or the adoption of written policies or procedures interpreting or making specific application of the provisions of this chapter.

History:

[20-805, added 1998, ch. 360, sec. 1, p. 1125; am. 2000, ch. 272, sec. 10, p. 792; am. 2001, ch. 335, sec. 4, p. 1181.]
Idaho Code § 20-538 — Idaho Code / Title 20 / Chapter 5 / Section 20-538
20-538 RESTITUTION TO VICTIMS OF JUVENILE OFFENDERS — DUTIES OF DEPARTMENT.
Status: in_force

20-538. Restitution to victims of juvenile offenders — Duties of department. (1) The department or county probation shall make reasonable efforts to ensure that restitution is made to the victim of the juvenile offender. Restitution may be made through the employment of juvenile offenders in work programs or directly to the person; provided, however, that reimbursement to the victim is conditional upon the juvenile offender's involvement in such program.

(2) Restitution may be made a condition of probation.

History:

[(20-538) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 42, p. 96.]
Idaho Code § 20-903 — Idaho Code / Title 20 / Chapter 9 / Section 20-903
20-903 NOTICE TO PRISONERS.
Status: in_force

20-903. notice to prisoners. (1) Correctional institutions shall inform prisoners of the provisions of this chapter upon admission to the correctional institution.

(2) Within sixty (60) days of the effective date of this chapter, correctional institutions shall inform prisoners within the custody of the correctional institution by posting this chapter in a location accessible to all prisoners.

History:

[20-903, added 2011, ch. 223, sec. 1, p. 611.]
Idaho Code § 20-516A — Idaho Code / Title 20 / Chapter 5 / Section 20-516A
20-516A JUVENILE PRETRIAL SUPERVISION — FEES.
Status: in_force

20-516A. JUVENILE PRETRIAL SUPERVISION — FEEs. (1) The board of county commissioners may establish a juvenile supervised pretrial release program to perform those functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners may provide for juvenile supervised pretrial release services through employment of staff, contract, or any other process that will accomplish the purposes of this section. A board of county commissioners shall not be obligated to establish a juvenile supervised pretrial release program. Counties having established a juvenile supervised pretrial release program shall not be obligated to provide juvenile supervised pretrial release services beyond the funds generated by the fees collected and any additional funds that may be annually appropriated by the board of county commissioners.

(2) The court may assess a monthly juvenile pretrial supervision fee that shall be an amount no more than the maximum monthly juvenile probation supervision fee set forth in section 20-520, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, against the juvenile offender placed on pretrial supervision. The juvenile pretrial supervision fee shall be paid to the clerk of the district court who shall deposit such fee into the county juvenile probation fund, which is hereby created, in each county or, at the option of the board of county commissioners, deposited in the county justice fund to be used for county juvenile probation services. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county juvenile pretrial supervision services and related purposes.

(3) A juvenile shall not be required to pay the juvenile pretrial supervision fee authorized in subsection (2) of this section until after the entry of an order finding the juvenile offender is within the purview of this section.

(4) The court may also order the juvenile to pay additional fees to cover the actual costs of electronic monitoring, alcohol testing, or drug testing if such monitoring or testing is a condition of the juvenile's release. Such additional fees may be paid to the clerk of the court or directly to the provider of the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.

(5) Any unpaid juvenile pretrial supervision fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts.

History:

[20-516A, added 2020, ch. 281, sec. 2, p. 819.]
Idaho Code § 20-237A — Idaho Code / Title 20 / Chapter 2 / Section 20-237A
20-237A FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT.
Status: in_force

20-237A. Funding per diem costs of state prisoners housed in county jails, related additional expenses and manner of payment. (1) The board of correction shall pay each county for housing prisoners convicted, sentenced and committed to the custody of the state board of correction, including probationers and parolees committed to a county jail under section 20-219(7)(b), Idaho Code, beginning on the day after receipt by the director of notice that a person is in custody, as provided in section 20-237, Idaho Code.

(2) The state board of correction shall pay counties housing state-sentenced prisoners a minimum rate of eighty dollars ($80.00) per day per inmate. Nothing stated herein will prohibit the state board of correction from entering into a contract with a county pursuant to section 20-241, Idaho Code.

(3) In addition to payment of per diem costs as provided in this section, the state board of correction shall pay for all ordinary and necessary medical and dental expenses of state prisoners housed in county jails.

(4) As between themselves, the state board of correction and each of the counties will be responsible for their pro rata share of any property damages or personal injuries arising from the housing of state-sentenced prisoners, which is attributable to their respective negligence or otherwise wrongful conduct. This provision shall not alter or affect any immunities or exceptions to governmental liability the state or counties may possess as to private persons pursuant to the Idaho tort claims act, chapter 9, title 6, Idaho Code.

(5) The legislature shall appropriate sufficient funds annually to the department of correction to make all payments to counties as required in this section.

(6) The county sheriffs shall bill the department of correction at least every sixty (60) days. The department of correction shall pay such bills within sixty (60) days of their receipt.

(7) The germane committees of the legislature shall review the costs of housing inmates in county jails every three (3) years beginning in 2004.

History:

[20-237A, added 1992, ch. 80, sec. 1, p. 221; am. 2000, ch. 135, sec. 1, p. 354; am. 2014, ch. 239, sec. 1, p. 603; am. 2015, ch. 103, sec. 1, p. 246; am. 2018, ch. 122, sec. 1, p. 259; am. 2026, ch. 119, sec. 1, p. 600.]
Idaho Code § 20-702 — Idaho Code / Title 20 / Chapter 7 / Section 20-702
20-702 COMMITMENT OR TRANSFER OF INMATES.
Status: in_force

20-702. Commitment or transfer of inmates. Any court or other agency or officer of this state having power to commit or transfer an inmate (as defined in Article II(d) of the Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to Article III of the Interstate Corrections Compact.

History:

[20-702, added 1959, ch. 56, sec. 2, p. 117; am. 1974, ch. 249, sec. 3, p. 1638.]
Idaho Code § 20-602 — Idaho Code / Title 20 / Chapter 6 / Section 20-602
20-602 SEPARATE ROOMS REQUIRED.
Status: in_force

20-602. Separate rooms required. (1) Each county jail shall house male and female prisoners separately.

(2) Each county jail shall house separately all juveniles processed as adults under Idaho Code.

(3) Each county jail shall develop an objective inmate classification system which addresses the safety of all prisoners and the security of the facility. The classification system shall be documented through the Idaho sheriffs' association jail inspection program using the minimum standards for detention facilities.

History:

[(20-602) 1863, p. 475, secs. 19, 20; R.S., R.C., & C.L., sec. 8526; C.S., sec. 9416; I.C.A., sec. 20-602; am. 1993, ch. 213, sec. 1, p. 579.]
Idaho Code § 20-417 — Idaho Code / Title 20 / Chapter 4 / Section 20-417
20-417 MARKING PRODUCTS.
Status: in_force

20-417. Marking products. Each and every article manufactured under the provisions of this act shall have plainly marked or stamped thereon the words "Idaho Correctional Industries."

History:

[I.C., sec. 20-417, as added by 1974, ch. 48, sec. 2, p. 1096.]
Idaho Code § 20-501 — Idaho Code / Title 20 / Chapter 5 / Section 20-501
20-501 LEGISLATIVE INTENT.
Status: in_force

20-501. Legislative intent. (1) It is the policy of the state of Idaho that the juvenile corrections system will be based on the following principles: accountability, community protection, and competency development. Where a juvenile has been found to be within the purview of the juvenile corrections act, the court shall impose a sentence that will protect the community, hold the juvenile offender accountable for his actions, and assist the juvenile offender in developing skills to become a contributing member of a diverse community. It is the further policy of the state of Idaho that the parents or other legal guardians of the juvenile offender participate in the accomplishment of these goals through participation in counseling and treatment designed to develop positive parenting skills and an understanding of the family's role in the juvenile offender's behavior. It is the further intent of the legislature that the parents of the juvenile offender be held accountable, where appropriate, through monetary reimbursement for supervision and confinement of the juvenile offender and restitution to victims of the juvenile offender's delinquent acts. In enacting this legislation, the legislature finds that the juvenile corrections system should encompass the following aspects: diversion, day treatment, community programs, observation and assessment programs, probation services, secure facilities, aftercare, and assistance to counties for juvenile offenders not committed to the custody of the department of juvenile corrections.

(2) The following is a brief description of what the legislature intends to become the components of Idaho's juvenile corrections system:

(a) Diversion. An alternative to formal prosecution of a juvenile offense. Diversions seek to hold a juvenile accountable for his actions through various interventions while redirecting youth away from formal processing in the juvenile justice system.

(b) Probation. Probation officers have twenty-four (24) hour on-call responsibility for juvenile offenders and monitor their activities on a continual basis. Probation officers are responsible for assisting juvenile offenders and their families in accessing counseling or treatment resources, close supervision of juvenile offenders' activities, supervision of restitution, and coordination of other services provided to juvenile offenders. Juvenile offenders ordered into the custody of the department of juvenile corrections would be monitored by a county probation officer.

(c) Day treatment. Day treatment programs are time-limited nonresidential treatment and educational programs. Included in these programs may be trackers who provide intensive supervision of juvenile offenders through daily contact and by counseling juvenile offenders regarding employment, education, courts, family, and life skills. Nonresidential alcohol and drug programs provide outpatient assessment and counseling for juvenile offenders with substance abuse problems.

(d) Community programs. It is intended that community programs will exist throughout the state to provide residential supervision and treatment options to juvenile offenders in close proximity to their families and their community. It is intended that these programs will strengthen the juvenile offender's relationship with family, engender a commitment to school and employment, promote the development of competency and life skills, and help juvenile offenders generalize appropriate behavior into their environment.

(e) Observation and assessment. Regional observation and assessment centers are provided, either directly or on a contract basis, to conduct observation and assessment of the juvenile offender in a short-term residential experience. It is intended that these programs would maintain standardized home and daily routines with intensive daily programming.

(f) Secure facilities. Secure facilities provide secure confinement, discipline, education and treatment of the most seriously delinquent juvenile offenders. Programs at the secure facilities are designed to help juvenile offenders recognize accountability for delinquent behavior by confronting and eliminating delinquent norms, criminal thinking, and antisocial behavior and by making restitution to victims through community service or other restitution programs.

(3) It is the further intent of the legislature that the primary purpose of this act is to provide a continuum of programs that emphasize the juvenile offender's accountability for his actions while assisting him in the development of skills necessary to function effectively and positively in the community in a manner consistent with public safety. These services and programs will individualize treatment and control of the juvenile offender for the benefit of the juvenile offender and the protection of society. It is legislative intent that the department of juvenile corrections be operated within the framework of the following principles to accomplish this mission:

(a) Provide humane, disciplined confinement to a juvenile offender who presents a danger to the community.

(b) Strengthen opportunities for the juvenile offender's development of competency and life skills by expanding the juvenile offender's access to applicable programs and community resources.

(c) Hold juvenile offenders accountable for their delinquent behavior through such means as victim restitution, community service programs and the sharing of correctional costs.

(d) Invoke the participation of the juvenile offender's parent or legal guardian in assisting the juvenile offender to recognize and accept responsibility for his delinquent or other antisocial behavior and hold the parent accountable, where appropriate, through the payment of detention costs and restitution to victims and through attendance at programs for the development of positive parenting skills designed to promote a functional relationship between the juvenile offender and his family.

(e) Develop efficient and effective juvenile correctional programs within the framework of professional correctional standards, legislative intent and available resources.

(f) Provide for a diversity of innovative and effective programs through research on delinquent behavior and the continuous evaluation of correctional programs. Innovative and effective programs should be evidence-based, as demonstrated through empirical research.

(g) Assist counties in developing meaningful programs for juvenile offenders who have come into the juvenile corrections system but who have not been committed to the custody of the department of juvenile corrections.

(h) Provide programs to increase public awareness of the mission of the juvenile corrections system and to encourage public participation in developing an effective juvenile corrections system designed to aid in reducing juvenile crime in this state.

(i) Develop and maintain a statewide juvenile offender information system.

History:

[(20-501), added 1963, ch. 319, sec. 1, p. 876; am. 1984, ch. 81, sec. 2, p. 149; am. 1989, ch. 155, sec. 1, p. 372; am. and redesig. 1995, ch. 44, sec. 2, p. 68; am. 2012, ch. 19, sec. 1, p. 39; am. 2012, ch. 257, sec. 5, p. 710; am. 2021, ch. 18, sec. 1, p. 41.]
Idaho Code § 20-405 — Idaho Code / Title 20 / Chapter 4 / Section 20-405
20-405 GOVERNING BODY — MEETINGS — QUORUM — VOTE TO TRANSACT BUSINESS.
Status: in_force

20-405. Governing body — Meetings — Quorum — Vote to transact business. The board of correction shall be the governing body of correctional industries. The board 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:

[I.C., sec. 20-405, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 3, p. 221.]
Idaho Code § 20-520 — Idaho Code / Title 20 / Chapter 5 / Section 20-520
20-520 SENTENCING.
Status: in_force

20-520. Sentencing. (1) Upon the entry of an order finding the juvenile offender is within the purview of the act, the court shall then hold a sentencing hearing in the manner prescribed by the Idaho juvenile rules to determine the sentence that will promote accountability, competency development and community protection. Prior to the entry of an order disposing of the case, other than an order of discharge or dismissal, the court may request and, if requested, shall receive a report containing the results of an inquiry into the home environment, past history, competency development, prevention or out-of-home placement services provided, and the social, physical and mental condition of the juvenile offender. The report shall be compiled using tools that screen for human trafficking, risks and needs of the juvenile offender, and any trauma suffered by the juvenile offender and shall include any additional screening deemed appropriate. The court shall not consider or review the report prior to the entry of an order of adjudication. Upon presentation and consideration of the report by the court, the court may proceed to sentence the juvenile offender as follows:

(a) Place the juvenile offender on an informal adjustment of the petition for a period not to exceed three (3) years from the date of the order.

(i) Informal adjustments may be ordered for any case filed under this chapter, upon such terms and conditions as the court may deem just and appropriate under the circumstances, and not be limited by the nature of the charge. Informal adjustments may include but are not limited to:

1. Reprimand of the juvenile offender;

2. Supervision with the probation department;

3. Community service work; and

4. Restitution to the victim.

(ii) The court shall dismiss the case if:

1. An informal adjustment has been granted and the juvenile offender has satisfied the terms or conditions of the informal adjustment;

2. The court is convinced by the showing made that there is no longer cause for continuing the period of informal adjustment; and

3. It is compatible with the public interest.

(iii) If the court, after hearing and notice, finds that a juvenile has violated the informal adjustment, the court may impose any sentence available to the court pursuant to this chapter.

(b) Place the juvenile offender on formal probation for a period not to exceed three (3) years from the date of the order, except the court may place a juvenile offender on formal probation for a period not to exceed the juvenile offender's twenty-first birthday if the court finds that the juvenile offender has committed a crime of a sexual nature. If a juvenile offender is committed to the Idaho department of juvenile corrections pursuant to paragraph (t) of this subsection, the court may place the juvenile offender on probation from the date of sentencing up to three (3) years past the date of release from custody or the juvenile offender's twenty-first birthday, whichever occurs first; provided the court shall conduct a review hearing within thirty (30) days following release of the juvenile offender from the department of juvenile corrections in order to determine the conditions and term of such probation;

(c) Sentence the juvenile offender to detention pursuant to this act for a period not to exceed thirty (30) days for each act, omission, or status that is prohibited by the federal, state, local, or municipal law or ordinance by reason of minority only. The sentence shall not be executed unless the act, omission, or status is in violation of 18 U.S.C. 922(x) or the court finds that the juvenile offender has violated the court's decree imposing the sentence as provided in this subsection. If the court, after notice and hearing, finds that a juvenile offender has violated the court's decree imposing the sentence under circumstances that bring the violation under the valid court order exception of the federal juvenile justice and delinquency prevention act of 1974, as amended, the court may commit the juvenile offender to detention for the period of detention previously imposed at sentencing;

(d) Commit the juvenile offender to a period of detention, pursuant to this act, for a period of time not to exceed ninety (90) days for each unlawful or criminal act the juvenile offender is found to have committed or if the unlawful or criminal act would be a misdemeanor if committed by an adult;

(e) If the juvenile offender has committed an unlawful or criminal act that would be a felony if committed by an adult, the court may commit the juvenile offender to detention for a period not to exceed one hundred eighty (180) days for each unlawful or criminal act;

(f) Whenever a court commits a juvenile offender to a period of detention, the juvenile detention center shall notify the school district where the detention center is located. No juvenile offender who is found to come within the purview of the act for the commission of a status offense shall be sentenced to detention in a jail facility;

(g) Commit the juvenile offender to detention and suspend the sentence on specific probationary conditions;

(h) The court may suspend or restrict the juvenile offender's driving privileges for such periods of time as the court deems necessary, and the court may take possession of the juvenile offender's driver's license. The juvenile offender may request restricted driving privileges during a period of suspension, which the court may allow if the juvenile offender shows by a preponderance of evidence that driving privileges are necessary for his employment or for family health needs;

(i) The court may order that the juvenile offender be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that he receive other special care or that he submit to an alcohol or drug evaluation, if needed, and for such purposes may place the juvenile offender in a hospital or other suitable facility;

(j) The court may order that the county probation office authorize a comprehensive substance abuse assessment of the juvenile offender. After receiving the comprehensive substance abuse assessment, and upon a finding by the court that treatment will provide a cost-effective means of achieving the sentencing goals of accountability, competency development and community protection, the court may order that the juvenile offender receive immediate treatment for substance abuse in keeping with a plan of treatment approved by the court. The initial cost of the assessment and treatment shall be borne by the department of juvenile corrections with funds allocated to the county probation office. The director of the department of juvenile corrections may promulgate rules consistent with this paragraph to establish a schedule of fees to be charged to parents by the county probation office for such services based upon the cost of the services and the ability of parents to pay;

(k) In support of an order under the provisions of this section, the court may make an additional order setting forth reasonable conditions to be complied with by the parents, the juvenile offender, his legal guardian or custodian, or any other person who has been made a party to the proceedings, including, but not limited to, restrictions on visitation by the parents or one (1) parent, restrictions on the juvenile offender's associates, occupation and other activities, and requirements to be observed by the parents, guardian or custodian;

(l) The court may make any other reasonable order that is in the best interest of the juvenile offender or is required for the protection of the public, except that no person under the age of eighteen (18) years may be committed to jail, prison or a secure facility that does not meet the standards set forth in section 20-518, Idaho Code, unless jurisdiction over the individual is in the process of being waived or has been waived pursuant to section 20-508 or 20-509, Idaho Code. The court may combine several of the above-listed modes of disposition where they are compatible;

(m) An order under the provisions of this section for probation or placement of a juvenile offender with an individual or an agency may provide a schedule for review of the case by the court;

(n) Order the proceeding expanded or altered to include consideration of the cause pursuant to chapter 16, title 16, Idaho Code;

(o) Order the case and all documents and records connected therewith transferred to the magistrate division of the district court for the county where the juvenile offender and/or parents reside if different than the county where the juvenile offender was charged and found to have committed the unlawful or criminal act, for the entry of a dispositional order;

(p) Order such other terms, conditions, care or treatment as appear to the court will best serve the interests of the juvenile offender and the community;

(q) The court shall assess a twenty-dollar ($20.00) detention/probation training academy fee against the juvenile offender for every petition filed where there has been an adjudication that the juvenile offender is within the purview of this chapter. All moneys raised pursuant to this paragraph shall be transmitted by the court for deposit in the juvenile corrections fund, which is created in section 20-542, Idaho Code;

(r) Additionally, the court shall assess a fee of sixty cents (60¢) per hour of community service against the juvenile offender for every petition filed where there has been an adjudication that the juvenile offender is within the purview of this chapter and the court is ordering community service. Such fee is to be remitted by the court to the state insurance fund for purposes of providing worker's compensation insurance for persons performing community service pursuant to this chapter. However, if a county is self-insured and provides worker's compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required;

(s) Additionally, the court may assess a monthly probation supervision fee that shall be an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, against the juvenile offender placed on probation. The amount of the monthly probation supervision fee shall be paid to the clerk of the district court who shall deposit such fee into the county juvenile probation fund, which is hereby created, in each county or, at the option of the board of county commissioners, deposited in the county justice fund to be used for county juvenile probation services. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county juvenile probation services and related purposes;

(t) Commit the juvenile offender to the legal custody of the department of juvenile corrections for an indeterminate period of time, not to exceed the juvenile offender's nineteenth birthday, unless the custody review board determines that extended time in custody is necessary to address competency development, accountability, and community protection; provided however, that no juvenile offender shall remain in the custody of the department beyond the juvenile offender's twenty-first birthday. The department shall adopt rules implementing the custody review board and operations and procedures of such board. Juvenile offenders convicted as adults and placed in the dual custody of the department of juvenile corrections and the state board of correction under section 19-2601A, Idaho Code, are under the retained jurisdiction of the court and are not within the purview of the custody review board;

(u) Notwithstanding any other provision of this section, a court may not commit a juvenile offender under the age of ten (10) years to a period of detention or to the custody of the department of juvenile corrections for placement in secure confinement.

(2) When an order is entered pursuant to this section, the juvenile offender shall be transported to the facility or program so designated by the court or the department, as applicable, by the sheriff of the county where the juvenile offender resides or is committed, or by an appointed agent. When committing a juvenile offender to the department, or another entity, the court shall at once forward to the department or entity a certified copy of the order of commitment.

(3) Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order the juvenile offender or his parents or both to pay restitution to or make whole any victim who suffers an economic loss as a result of the juvenile offender's conduct in accordance with the standards and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of restitution that may be ordered by the court shall not be subject to the limitations of section 6-210, Idaho Code. Court-ordered restitution shall be paid prior to any other court-ordered payments unless the court specifically orders otherwise. The clerk of the district court, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.

(4) The court may order the juvenile offender's parents or custodian to pay the charges imposed by community programs ordered by the court for the juvenile offender, or the juvenile offender's parents or custodian.

(5) Any parent, legal guardian or custodian violating any order of the court entered against the person under the provisions of this chapter shall be subject to contempt proceedings under the provisions of chapter 6, title 7, Idaho Code.

(6) The clerk of the district court, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of other debts owed to the court by the juvenile offender.

History:

[20-520, added 1996, ch. 301, sec. 2, p. 989; am. 1996, ch. 301, sec. 3, p. 992; am. 1996, ch. 359, sec. 2, p. 1209; am. 1997, ch. 76, sec. 1, p. 158; am. 1997, ch. 262, sec. 1, p. 747; am. 1999, ch. 155, sec. 1, p. 431; am. 2000, ch. 329, sec. 1, p. 1106; am. 2000, ch. 466, sec. 1, p. 1444; am. 2001, ch. 15, sec. 1, p. 17; am. 2002, ch. 73, sec. 1, p. 160; am. 2002, ch. 97, sec. 1, p. 265; am. 2002, ch. 309, sec. 1, p. 880; am. 2007, ch. 308, sec. 1, p. 862; am. 2008, ch. 41, sec. 1, p. 96; am. 2009, ch. 102, sec. 3, p. 313; am. 2009, ch. 154, sec. 2, p. 449; am. 2012, ch. 19, sec. 16, p. 54; am. 2012, ch. 257, sec. 6, p. 712; am. 2015, ch. 87, sec. 1, p. 213; am. 2015, ch. 113, sec. 8, p. 291; am. 2019, ch. 219, sec. 2, p. 663; am. 2021, ch. 19, sec. 2, p. 48; am. 2022, ch. 20, sec. 2, p. 42; am. 2024, ch. 249, sec. 1, p. 881.]
Idaho Code § 20-1012 — Idaho Code / Title 20 / Chapter 10 / Section 20-1012
20-1012 FINAL DISCHARGE OF PAROLEE — MINIMUM TERM.
Status: in_force

20-1012. Final discharge of parolee — Minimum term. (1) When any paroled prisoner has performed the obligations of his parole for such time as shall satisfy the commission that his final release is not incompatible with his welfare and that of society, the commission may make the final order of discharge and issue to the paroled prisoner a certificate of discharge; but no such order of discharge shall be made in any case within a period of less than one (1) year after the date of release on parole, except that when the period of the maximum sentence provided by law shall expire at an earlier date, then a final order of discharge must be made and a certificate of discharge issued to the paroled prisoner not later than the date of expiration of said maximum sentence.

(2) The board may submit a request to the commission for an order of final discharge from the remaining period of parole for any parolee under the board's supervision at any time during the period of parole. A request for final discharge shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The commission shall notify the victim of a request for final discharge from parole. Any response to a request for final discharge shall be filed within thirty (30) days of the date of submittal of the request. The commission may, without a hearing, rule upon a request for final discharge based on a review of the case, the request, the statement and any responses to the request or may schedule a hearing on the request. The commission shall rule on the request for final discharge within ninety (90) days of the date of submittal of the request.

History:

[(20-1012) 20-233, added 1947, ch. 53, sec. 33, p. 59; am. 1980, ch. 297, sec. 17, p. 774; am. 2014, ch. 150, sec. 18, p. 430; am. and redesig. 2021, ch. 196, sec. 14, p. 534.]
Idaho Code § 20-1006 — Idaho Code / Title 20 / Chapter 10 / Section 20-1006
20-1006 MEDICAL PAROLE — REQUIRED REPORT.
Status: in_force

20-1006. MEDICAL PAROLE — REQUIRED REPORT. (1) Subject to the limitations of this section and section 20-1005, Idaho Code, and notwithstanding any fixed term of confinement or minimum period of confinement as provided in section 19-2513, Idaho Code, the commission may parole an inmate for medical reasons. A prisoner may be considered for medical parole only when the prisoner is permanently incapacitated or terminally ill and when the commission reasonably believes the prisoner no longer poses a threat to the safety of society.

(2) The commission shall annually prepare and send to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee a report containing the name and current legal status of all persons granted parole pursuant to this section.

(3) As used in this section:

(a) "Permanently incapacitated" means a person who, by reason of an existing physical condition that is not terminal, is permanently and irreversibly physically incapacitated; and

(b) "Terminally ill" means person who has an incurable condition caused by illness or disease and who is irreversibly, terminally ill.

History:

[20-1006, added 2021, ch. 196, sec. 8, p. 531.]
Idaho Code § 20-204 — Idaho Code / Title 20 / Chapter 2 / Section 20-204
20-204 POLITICAL ACTIVITY OF BOARD MEMBERS OR EMPLOYEES RESTRICTED.
Status: in_force

20-204. Political activity of board members or employees restricted. The members of the board of correction and its officers and employees shall not, at the time of appointment nor during their incumbency of office, serve as the representative, officer, or employee of any political party.

History:

[20-204, added 1947, ch. 53, sec. 4, p. 59.]
Idaho Code § 20-102A — Idaho Code / Title 20 / Chapter 1 / Section 20-102A
20-102A PENITENTIARY EARNINGS RESERVE FUND.
Status: in_force

20-102A. Penitentiary earnings reserve fund. (1) There is established in the state treasury the penitentiary earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund shall consist of the following:

(a) All earnings of the penitentiary permanent endowment fund;

(b) Proceeds of the sale of timber growing upon penitentiary endowment lands;

(c) Proceeds of leases of penitentiary endowment lands;

(d) Proceeds of interest charged upon deferred payments on penitentiary endowment lands or timber on those lands; and

(e) All other proceeds received from the use of penitentiary endowment lands and not otherwise designated for deposit in the penitentiary permanent endowment fund.

(2) Moneys shall be distributed out of the penitentiary earnings reserve fund only to support the beneficiaries of the penitentiary endowment, including distributions by the state board of land commissioners to the penitentiary permanent endowment fund and the penitentiary income fund; provided, that funds shall not be appropriated by the legislature from the penitentiary earnings reserve fund except to pay for administrative costs incurred managing the assets of the penitentiary endowment including, but not limited to, real property and monetary assets.

History:

[20-102A, added 1998, ch. 256, sec. 3, p. 828.]
Idaho Code § 20-226 — Idaho Code / Title 20 / Chapter 2 / Section 20-226
20-226 RECORDS OF PRISONERS.
Status: in_force

20-226. Records of prisoners. The state board of correction shall cause a complete record to be kept of every prisoner committed to its custody. Such record shall be organized in accordance with the most modern method of filing and indexing so that there will always be immediately available a complete history on each prisoner. Such records shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[20-226, added 1947, ch. 53, sec. 26, p. 59; am. 1970, ch. 143, sec. 9, p. 425; am. 1990, ch. 213, sec. 15, p. 500; am. 2015, ch. 141, sec. 23, p. 404.]
Idaho Code § 20-532A — Idaho Code / Title 20 / Chapter 5 / Section 20-532A
20-532A ORDER FOR APPREHENSION AND DETENTION OF ESCAPEES FROM CUSTODY.
Status: in_force

20-532A. Order for apprehension and detention of escapees from custody. Upon a finding by the Idaho department of juvenile corrections that a juvenile offender in the custody of the department has escaped, as described in section 18-2505(2) or 18-2506(2), Idaho Code, a written order signed by the director or his designee shall be a sufficient order for detention for any law enforcement officer to apprehend and take into custody such person. It is hereby made the duty of all sheriffs, police, constables, parole officers, prison officials and other peace officers to execute such order. From and after the issuance of the detention order and until taken into custody, the escapee shall be considered a fugitive from justice. Upon apprehension, the juvenile offender shall be detained in the closest available detention center and shall thereafter be transported by the department as soon as possible or, at the discretion of the detaining authority, the juvenile offender may be transported directly by that authority to the department's nearest regional facility.

History:

[20-532A, added 2000, ch. 105, sec. 1, p. 234; am. 2004, ch. 50, sec. 5, p. 239; am. 2012, ch. 19, sec. 28, p. 62; am. 2018, ch. 158, sec. 1, p. 315.]
Idaho Code § 20-807 — Idaho Code / Title 20 / Chapter 8 / Section 20-807
20-807 OUT-OF-STATE PRISONERS.
Status: in_force

20-807. Out-of-state prisoners. (1) A board of county commissioners may authorize a private prison contractor operating a private prison facility within the county and the governing body of a city may authorize a private prison contractor operating a private prison facility within the city to house specific minimum to medium security prisoners convicted of offenses committed against the laws of a governmental entity other than the state of Idaho or its political subdivisions pursuant to contract with the private prison contractor and subject to the review and approval of the prisoners by the department of correction. Provided however, that in no event shall a board of county commissioners or the governing body of a city authorize, nor shall the department of correction approve, housing of any maximum or close custody prisoners, inmates imprisoned for sexual offenses or prisoners with a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined, or a history or record of escape or attempted escape from secure custody.

(2) Out-of-state prisoners may be housed in a private prison facility only if the following requirements are met:

(a) The custody level capacity and availability in the private prison facility is adequate to house the prisoners;

(b) The private prison contractor and the board of county commissioners or the governing body of the city, in cooperation with state and local law enforcement agencies, and other appropriate governmental entities and agencies, have developed a written plan explaining the procedure to be used to coordinate law enforcement and other necessary activities in response to any riot, rebellion, escape or other emergency situation occurring in or on the grounds of, or otherwise in connection with, the facility;

(c) The private prison facility meets standards for the care, custody, treatment and control of prisoners which comply with constitutional minimums, state and federal laws and applicable court orders and any additional standards required by the county or the city;

(d) Each prisoner to be paroled or released from custody must be transported and released by the private prison contractor or its agent in the sending governmental entity's jurisdiction;

(e) Before transferring the prisoner to Idaho, the private prison contractor shall obtain prior approval of the department of correction pursuant to the provisions of this chapter. Prior to housing any proposed prisoner in the private prison facility, all records in the possession of, or available to, the sending entity including, but not limited to, classification, medical information, conduct and confinement history of the prisoner shall be provided to the department of correction for review and the department shall have the authority to approve or reject housing of the prisoner based on standards as set forth pursuant to this chapter. Provided however, that in lieu of providing medical information of a prisoner, a sending entity may elect to certify, by a physician licensed in this state and employed by, or under contract with, the private prison facility, that the prisoner under consideration for placement in the facility has been tested, and has not tested positive, for the presence of HIV antibodies or antigens, hepatitis B virus, hepatitis C virus and tuberculosis;

(f) The sending governmental entity will not transfer and the private prison contractor will not accept a prisoner who has a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined or a history or record of escape or attempted escape from secure custody;

(g) The private prison contractor will determine the prisoner's custody level in order to ensure that the custody level assignments for the facility as a whole are compatible with the construction security level availability in the facility. If it is determined by the county or the city or the private prison contractor that the prisoner poses a substantial risk to the community, prison population or staff or should be classified as maximum security or close custody, the prisoner will be returned to the sending governmental entity.

(3) Neither this section nor any other provision of this chapter shall be construed to authorize the release of an out-of-state prisoner confined in a private prison facility on work release, furlough or other release from the facility except as provided in any contract authorized in this chapter or as provided by county or city ordinance.

(4) The provisions of this section shall not be construed as a limitation upon the authority of the state of Idaho, a county or a city of this state to incarcerate, detain or place a person convicted of an offense committed against the laws of the United States, a territory of the United States, another state or a political subdivision thereof in a correctional facility, county jail or other governmental detention facility in this state pursuant to the laws of the United States, the state of Idaho or other applicable law.

History:

[20-807, added 1998, ch. 360, sec. 1, p. 1128; am. 2000, ch. 272, sec. 11, p. 794; am. 2001, ch. 335, sec. 6, p. 1187.]
Idaho Code § 20-208 — Idaho Code / Title 20 / Chapter 2 / Section 20-208
20-208 SALARIES AND EXPENSES OF BOARD MEMBERS.
Status: in_force

20-208. Salaries and expenses of board members. Each member of the state board of correction shall be compensated as provided by section 59-509(q), Idaho Code.

History:

[20-208, added 1947, ch. 53, sec. 8, p. 59; am. 1951, ch. 217, sec. 1, p. 448; am. 1969, ch. 97, sec. 4, p. 329; am. 1980, ch. 247, sec. 5, p. 586; am. 2008, ch. 80, sec. 1, p. 208.]
Idaho Code § 20-508 — Idaho Code / Title 20 / Chapter 5 / Section 20-508
20-508 WAIVER OF JURISDICTION AND TRANSFER TO OTHER COURTS.
Status: in_force

20-508. Waiver of jurisdiction and transfer to other courts. (1) After the filing of a petition and after full investigation and hearing, the court may waive jurisdiction under the juvenile corrections act over the juvenile and order that the juvenile be held for adult criminal proceedings when:

(a) A juvenile is alleged to have committed any of the crimes enumerated in section 20-509, Idaho Code; or

(b) A juvenile is alleged to have committed an act other than those enumerated in section 20-509, Idaho Code, after the child became fourteen (14) years of age which would be a crime if committed by an adult; or

(c) An adult at the time of the filing of the petition is alleged to have committed an act prior to his having become eighteen (18) years of age which would be a felony if committed by an adult, and the court finds that the adult is not committable to an institution for people with intellectual disabilities or mental illness, is not treatable in any available institution or facility available to the state designed for the care and treatment of juveniles, or that the safety of the community requires the adult continue under restraint; or

(d) An adult already under the jurisdiction of the court is alleged to have committed a crime while an adult.

(2) A motion to waive jurisdiction under the juvenile corrections act and prosecute a juvenile under the criminal law may be made by the prosecuting attorney, the juvenile, or by motion of the court upon its own initiative. The motion shall be in writing and contain the grounds and reasons in support thereof.

(3) Upon the filing of a motion to waive jurisdiction under the juvenile corrections act, the court shall enter an order setting the motion for hearing at a time and date certain and shall order a full and complete investigation of the circumstances of the alleged offense to be conducted by county probation, or such other agency or investigation officer designated by the court.

(4) Upon setting the time for the hearing upon the motion to waive jurisdiction, the court shall give written notice of said hearing to the juvenile, and the parents, guardian or custodian of the juvenile, and the prosecuting attorney, at least ten (10) days before the date of the hearing, or a lesser period stipulated by the parties, and such notice shall inform the juvenile and the parents, guardian or custodian of the juvenile of their right to court appointed counsel. Service of the notice shall be made in the manner prescribed for service of a summons under section 20-512, Idaho Code.

(5) The hearing upon the motion to waive jurisdiction shall be held in the same manner as an evidentiary hearing upon the original petition and shall be made part of the record.

(6) If as a result of the hearing on the motion to waive jurisdiction the court shall determine that jurisdiction should not be waived, the petition shall be processed in the customary manner as a juvenile corrections act proceeding. However, in the event the court determines, as a result of the hearing, that juvenile corrections act jurisdiction should be waived and the juvenile should be prosecuted under the criminal laws of the state of Idaho, the court shall enter findings of fact and conclusions of law upon which it bases such decision together with a decree waiving juvenile corrections act jurisdiction and binding the juvenile over to the authorities for prosecution under the criminal laws of the state of Idaho.

(7) No motion to waive juvenile corrections act jurisdiction shall be recognized, considered, or heard by the court in the same case once the court has entered an order or decree in that case that said juvenile has come within the purview of the juvenile corrections act, and all subsequent proceedings after the decree finding the juvenile within the purview of the act must be under and pursuant to the act and not as a criminal proceeding.

(8) In considering whether or not to waive juvenile court jurisdiction over the juvenile, the juvenile court shall consider the following factors:

(a) The seriousness of the offense and whether the protection of the community requires isolation of the juvenile beyond that afforded by juvenile facilities;

(b) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(c) Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;

(d) The maturity of the juvenile as determined by considerations of his home, environment, emotional attitude, and pattern of living;

(e) The juvenile's record and previous history of contacts with the juvenile corrections system;

(f) The likelihood that the juvenile will develop competency and life skills to become a contributing member of the community by use of facilities and resources available to the court;

(g) The amount of weight to be given to each of the factors listed in subsection (8) of this section is discretionary with the court, and a determination that the juvenile is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one (1) or a combination of the factors set forth within this section, which shall be recited in the order of waiver.

(9) If the court does not waive jurisdiction and order a juvenile or adult held for criminal proceedings, the court in a county other than the juvenile's or adult's home county, after entering a decree that the juvenile or adult is within the purview of this chapter, may certify the case for sentencing to the court of the county in which the juvenile offender or adult resides upon being notified that the receiving court is willing to accept transfer. In the event of a transfer, which should be made unless the court finds it contrary to the interest of the juvenile offender or adult, the jurisdiction of the receiving court shall attach to the same extent as if the court had original jurisdiction.

(10) Upon conviction of a juvenile offender held for adult criminal proceedings under this section, the sentencing judge may, if a finding is made that adult sentencing measures would be inappropriate:

(a) Sentence the convicted person in accordance with the juvenile sentencing options set forth in this chapter; or

(b) Sentence the convicted person to the county jail or to the custody of the state board of correction but suspend the sentence and retain jurisdiction pursuant to section 19-2601A, Idaho Code, and commit the defendant to the dual custody of the department of juvenile corrections and the state board of correction.

History:

[(20-508, added 1977, ch. 165, sec. 2, p. 427; am. 1981, ch. 162, sec. 1, p. 284; am. and redesig. 1995, ch. 44, sec. 9, p. 77; am. 1995, ch. 47, sec. 1, p. 111; am. 1995, ch. 277, sec. 4, p. 930; am. 1997, ch. 82, sec. 1, p. 192; am. 1999, ch. 390, sec. 1, p. 1086; am. 2000, ch. 246, sec. 2, p. 688; am. 2007, ch. 308, sec. 2, p. 865; am. 2010, ch. 235, sec. 9, p. 549; am. 2012, ch. 19, sec. 8, p. 45; am. 2015, ch. 113, sec. 6, p. 288.]
Idaho Code § 20-509 — Idaho Code / Title 20 / Chapter 5 / Section 20-509
20-509 VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS — OFFENDERS.
Status: in_force

20-509. Violent offenses, controlled substances violations near schools — offenders. (1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or any person under age fourteen (14) years who is alleged to have committed any of the following crimes and, pursuant to section 20-508, Idaho Code, has been ordered by the court to be held for adult criminal proceedings:

(a) Murder of any degree or attempted murder;

(b) Robbery;

(c) Rape as defined in section 18-6101, Idaho Code;

(d) Forcible sexual penetration by the use of a foreign object;

(e) Mayhem;

(f) Assault or battery with the intent to commit any of the serious felonies provided in this section;

(g) 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; and

(h) Arson in the first degree and aggravated arson;

shall be charged, arrested and proceeded against by complaint, indictment or information as an adult. All other felonies or misdemeanors charged in the complaint, indictment or information that are based on the same act or transaction or on one (1) or more acts or transactions as the violent or controlled substances offense shall similarly be charged, arrested and proceeded against as an adult. Any juvenile proceeded against pursuant to this section shall be accorded all constitutional rights, including bail and trial by jury, and procedural safeguards as if that juvenile were an adult defendant.

(2) A juvenile who has been formally charged or indicted pursuant to this section or has been transferred for criminal prosecution as an adult pursuant to the waiver provisions of section 20-508, Idaho Code, or this section shall not be held in a jail or lockup for adults unless a court finds, after a hearing and in writing, that it is in the interest of justice.

(a) In determining whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults or have sight or sound contact with adult inmates, a court shall consider:

(i) The age of the juvenile;

(ii) The physical and mental maturity of the juvenile;

(iii) The present mental state of the juvenile, including whether the juvenile presents an imminent risk of self-harm;

(iv) The nature and circumstances of the alleged offense;

(v) The juvenile's history of prior delinquent acts;

(vi) The relative ability of the available adult and juvenile detention facilities not only to meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and

(vii) Any other relevant factor.

(b) If a court determines pursuant to this subsection that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults:

(i) The court shall hold a hearing not less frequently than once every thirty (30) days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight or sound contact; and

(ii) The juvenile shall not be held in any jail or lockup for adults or permitted to have sight or sound contact with adult inmates for more than one hundred eighty (180) days unless the court, in writing, determines there is good cause for an extension or the juvenile expressly waives this limitation.

(3) Except as otherwise allowed by subsection (4) of this section, once a juvenile offender has been found to have committed the offense for which the juvenile offender was charged, indicted or transferred pursuant to this section or section 20-508, Idaho Code, or has been found guilty or pled guilty to a lesser offense or amended charge growing out of or included within the original charge, whether or not such lesser offense or amended charge is included within the acts enumerated in subsection (1) of this section, the juvenile offender shall thereafter be handled in every respect as an adult. For any subsequent violation of Idaho law, the juvenile offender shall be handled in every respect as an adult.

(4) Upon the conviction of a juvenile offender pursuant to this section, the sentencing judge may, if a finding is made that adult sentencing measures would be inappropriate:

(a) Sentence the convicted person in accordance with the juvenile sentencing options set forth in this chapter; or

(b) Sentence the convicted person to the county jail or to the custody of the state board of correction but suspend the sentence pursuant to section 19-2601A, Idaho Code, and commit the defendant to the dual custody of the department of juvenile corrections and the state board of correction.

History:

[(20-509) 16-1806A, added 1981, ch. 151, sec. 1, p. 262; am. 1984, ch. 81, sec. 6, p. 151; am. 1990, ch. 268, sec. 5, p. 758; am. and redesig. 1995, ch. 44, sec. 10, p. 79; am. 1995, ch. 46, sec. 1, p. 110; am. 1995, ch. 47, sec. 2, p. 113; am. 1995, ch. 48, sec. 1, p. 114; am. 1997, ch. 142, sec. 1, p. 414; am. 2000, ch. 73, sec. 1, p. 155; am. 2000, ch. 246, sec. 3, p. 690; am. 2007, ch. 308, sec. 3, p. 868; am. 2010, ch. 352, sec. 10, p. 928; am. 2012, ch. 19, sec. 9, p. 47; am. 2015, ch. 113, sec. 7, p. 290; am. 2016, ch. 296, sec. 13, p. 842; am. 2022, ch. 24, sec. 1, p. 69; am. 2022, ch. 124, sec. 23, p. 457.]
Idaho Code § 20-901 — Idaho Code / Title 20 / Chapter 9 / Section 20-901
20-901 DEFINITIONS.
Status: in_force

20-901. definitions. In this chapter:

(1) "Correctional institution" means any entity under the authority of any state, county or municipal law enforcement division that has the power to detain and/or restrain a person under the laws of this state.

(2) "Corrections official" means the official designated as responsible for oversight of a correctional institution, or his or her designee.

(3) "Extraordinary circumstance" means a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.

(4) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix.

(5) "Prisoner" means any person incarcerated or detained in any facility, including persons held under the immigration laws of the United States.

(6) "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner or detainee's body and/or limbs.

History:

[20-901, added 2011, ch. 223, sec. 1, p. 610.]
Idaho Code § 20-532 — Idaho Code / Title 20 / Chapter 5 / Section 20-532
20-532 TERM OF COMMITMENT — REVIEW AFTER COMMITMENT.
Status: in_force

20-532. Term of commitment — Review after commitment. (1) A juvenile offender committed to a secure facility shall remain until the juvenile offender:

(a) Reaches nineteen (19) years of age;

(b) Is retained for extended custody pursuant to section 20-520(1)(t), Idaho Code; or

(c) Is released or discharged.

(2) A juvenile offender committed to a secure facility shall appear before the department within ninety (90) days after commitment for review of treatment plans. Additionally, the juvenile offender shall appear before the custody review board prior to eighteen (18) consecutive months in custody, and every six (6) months thereafter, to review his continued custody with the department.

History:

[(20-532) 1989, ch. 155, sec. 9, p. 382; am. and redesig. 1995, ch. 44, sec. 35, p. 94; am. 2002, ch. 309, sec. 2, p. 883; am. 2007, ch. 308, sec. 4, p. 869; am. 2012, ch. 19, sec. 27, p. 62; am. 2019, ch. 219, sec. 4, p. 667; am. 2022, ch. 20, sec. 4, p. 47; am. 2022, ch. 23, sec. 2, p. 66.]
Idaho Code § 20-531 — Idaho Code / Title 20 / Chapter 5 / Section 20-531
20-531 SECURE FACILITIES.
Status: in_force

20-531. Secure facilities. (1) The department shall maintain and operate secure facilities for the custody of juvenile offenders who pose a danger of serious bodily harm to others or who have engaged in a pattern of serious criminal offenses, and who cannot be controlled in a less secure setting.

(2) The department shall provide or make available to juvenile offenders in secure facilities, instruction appropriate to the age, needs and range of abilities of the juvenile offenders. An assessment shall be made of each juvenile offender at the secure facility to determine abilities, learning disabilities, interests, attitudes and similar matters. Training in the development of competency and life skills designed to assist the juvenile offender in operating effectively within and becoming a contributing member of the community shall be provided. Prevocational education shall be provided to acquaint juvenile offenders with vocations, their requirements and opportunities.

(3) The department shall place juvenile offenders committed to the department in a state or privately operated secure facility that provides humane care and developmental opportunities for the juvenile offender while promoting accountability and community protection.

(4) The department shall adopt standards, policies and procedures for the regulation and operation of secure facilities. Such standards, policies and procedures shall not be inconsistent with law. Policies shall be promulgated as rules in compliance with chapter 52, title 67, Idaho Code.

History:

[(20-531) 1989, ch. 155, sec. 9, p. 382; am. and redesig. 1995, ch. 44, sec. 34, p. 94; am. 2012, ch. 19, sec. 26, p. 61.]
Idaho Code § 20-241A — Idaho Code / Title 20 / Chapter 2 / Section 20-241A
20-241A AGREEMENTS FOR CONFINEMENT OF INMATES.
Status: in_force

20-241A. Agreements for confinement of inmates. The state board of correction shall have the power and it shall be its duty:

(1) To determine the availability of state facilities suitable for the detention and confinement of prisoners held under authority of state law. If the state board of correction determines that suitable state facilities are not available, it may enter into an agreement with the proper authorities of the United States, another state, a political subdivision of this state or another state, or a private prison contractor, to provide for the safekeeping, care, subsistence, proper government, discipline, and to provide programs for the reformation, rehabilitation and treatment of prisoners. Facilities made available to the state board of correction by agreement may be in this state, or in any other state, territory or possession of the United States. The state board of correction shall not enter into an agreement with an authority unable to provide the degree or kind of safekeeping, care and subsistence required by state or federal laws, the constitution of the state of Idaho, the United States constitution, and the rules adopted by the state board of correction. All contracts or agreements entered into by the state board of correction and a private prison contractor shall be subject to the provisions of this section and section 20-209, Idaho Code.

(a) An authority or private prison contractor, receiving physical custody for the purpose of incarceration of a person sentenced by a court under the terms of an agreement made under this section, shall be considered as acting solely as an agent of this state. This state retains jurisdiction over a person incarcerated in an institution of another state, the United States, a political subdivision of this state or another state, or of a private institution;

(b) The attorney general of this state shall enforce an agreement or contract made under this section in a civil suit.

(2) The state board of correction shall have the authority to enter into contracts with private prison contractors for the site selection, design, design/building, acquisition, construction, construction management, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services, subject to the following requirements and limitations:

(a) Any request for proposals, any original contract, any contract renewal, any price or cost adjustment or any other amendment to any contract for the incarceration of individuals in a private institution, shall be reviewed by the board of correction;

(b) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the state board of correction that the contractor possesses the necessary qualifications and experience to provide the services specified in the contract; that the contractor can provide the necessary qualified personnel to implement the terms of the contract; that the financial condition of the contractor is such that the terms of the contract can be fulfilled; that the contractor has the ability to comply with applicable court orders and corrections standards; and that the proposed private prison facilities or the correctional services proposed by the contractor meet constitutional minimums;

(c) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the state board of correction that the contractor can obtain insurance or provide self-insurance to indemnify the state against possible claims arising from the operation of prison facilities by the contractor, and to compensate the state for any losses incurred due to the operation of prison facilities;

(d) Contracts awarded to private prison contractors pursuant to the provisions of this section shall be entered into for a period specified in each contract, subject to availability of funds annually appropriated by the Idaho legislature for that purpose. No contract awarded pursuant to this section shall provide for the encumbrance of funds beyond the amount available for a fiscal year;

(e) A contract may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the effective date of the contract.

(3) Any contract between the state board of correction and a private prison contractor, whereby the contractor provides for the housing, care, and control of inmates in a nondepartmental facility operated by the contractor, shall contain, in addition to other provisions, terms and conditions:

(a) A requirement that the contractor is to provide said services in a facility which meets standards as required by the Idaho department of correction;

(b) If a private prison institution is to be located in the state of Idaho on private land, it shall be required that the contractor obtain written authorization from the governing board of any municipality in which the facility is to be located, or if the facility is not to be located within the municipality, written authorization from the board of county commissioners of the county in which the facility is to be located;

(c) A requirement that the private prison contractor shall provide training to its personnel to a level acceptable to the Idaho department of correction. The Idaho department of correction may provide training to the personnel of a private prison contractor and may charge a reasonable fee for the training, not to exceed the cost of training. The provisions of this section shall not be construed to confer peace officer status upon any employee of the private prison contractor or to authorize the use of firearms except to prevent escape from the facility or from custody while being transported to or from the facility or to prevent an act which would cause death or serious bodily injury to any person. The provisions of this section shall not be construed to confer Idaho state employee status upon any employee of the private prison contractor;

(d) A requirement that any private prison contractor operating a facility that houses prisoners pursuant to a contract between the contractor and the state board of correction shall cooperate with the Idaho department of correction for the prevention and suppression of serious disturbances, including riots, escapes, affrays or insurrections, at the private prison facilities. To effectuate this provision, the contract shall, at a minimum, provide:

(i) For participation by the private prison contractor in multiagency training for the preventing and responding to serious disturbances at a private prison facility;

(ii) For participation by the private prison contractor in multiagency agreements for the prevention of and response to serious disturbances at a private prison facility and reimbursement for emergency services provided by governmental entities;

(iii) For notification by the private prison contractor to the director of the Idaho department of correction in the event of a serious disturbance at a private prison facility and for consultation by the director of the Idaho department of correction with the private prison contractor prior to a response by the director of the Idaho department of correction;

(iv) That the private prison contractor shall provide access to the private prison facility for the Idaho department of correction and such other governmental entities or agencies as the Idaho department of correction may designate, including space to establish a command post, for responding to a serious disturbance;

(v) That, in the event of a serious disturbance, the private prison contractor shall participate in a unified command structure under the director of the Idaho department of correction until, in the director of the Idaho department of correction's discretion, the serious disturbance is resolved.

(4) Contracts awarded under the provisions of this section shall, at a minimum, comply with the following:

(a) Provide for internal and perimeter security to protect the public, employees and inmates;

(b) Provide that the private prison contractor shall not benefit financially from the labor of inmates nor shall any inmate ever be placed in a position of authority over another inmate. Any profits realized from the operation of a prison enterprise program shall revert to the department of correction or appropriate governmental authority. Private prison contractors may work with the Idaho department of correction in setting up work and training programs. Private prison contractors shall be authorized to purchase services and commodities from the Idaho department of correction which are necessary for implementing work or training opportunities as outlined in this section;

(c) Impose discipline on inmates only in accordance with applicable Idaho department of correction rules and procedures;

(d) Provide proper food, clothing, housing and medical care as provided for in the contract.

(5) A private prison contractor, in carrying out its duties and responsibilities under contract with the state board of correction, shall not be bound by the enactments of the legislature which govern the appointment, qualifications, duties, salaries or benefits of wardens, managers or other correctional employees. No employee of the private prison contractor shall be considered an employee of the state of Idaho. A private prison contractor shall not employ any person who does not satisfy the board of correction's personnel policies.

(6) The director of the Idaho department of correction or his designee shall monitor the performance of the private prison contractor. In all such contracts the state shall retain clear supervisory and monitoring powers over the operation and management of the private institutions to insure that the inmates are properly cared for and that the employees of the facility and the public are adequately protected. Included in the powers and responsibilities of the director of the Idaho department of correction or his designee when acting as the chief contract monitor of the private prison contract are:

(a) Approval of all inmate releases on furlough or work release;

(b) Approval of the type of work offenders may perform pursuant to this section and review and approval of any incentive pay plan presented by the private prison contractor for offender pay;

(c) Approval of the training program for the private prison contractor's employees;

(d) A determination if the minimum requirements of the contract are being satisfactorily performed;

(e) Promulgation of rules interpreting or making specific application of the provisions of this section;

(f) A determination if appropriate policies and procedures of the Idaho department of correction are being followed by the private prison contractor and its personnel;

(g) The duty, as set forth in section 20-209B, Idaho Code, to prevent, control and suppress serious disturbances, including riots, escapes, affrays and insurrections at a private prison facility that houses prisoners pursuant to a contract between the private prison contractor and the state board of correction, that, in the director of the Idaho department of correction's discretion, threaten the health, safety, security and property of the facility, facility staff, prisoners, the public and the state of Idaho. This duty shall be exercised in the director of the Idaho department of correction's discretion after consultation with the private prison contractor. The director of the Idaho department of correction shall designate personnel and facilities under the control of the state board of correction and shall enter into such agreements as deemed necessary with other governmental entities, to respond to serious disturbances at a private prison facility.

(7) No contract for correctional services may authorize, allow, or imply a delegation of authority or responsibility to a private prison contractor which would allow the contractor to:

(a) Develop or implement procedures for calculating inmate release dates;

(b) Approve the type of work inmates may perform and the wages which may be given to inmates engaging in the work;

(c) Place an inmate under less restrictive custody or more restrictive custody or take any disciplinary actions contrary to rules and procedures approved by the Idaho department of correction;

(d) Develop or implement procedures regarding the care, custody and treatment of inmates which are contrary to the Idaho department of correction's policies and procedures, state or federal law.

(8) Any offense, which if committed in a state institution or facility would be a crime, including escape, shall also be a crime if committed by or with regard to offenders assigned to an institution or facility operated pursuant to a contract between the state and a private prison contractor.

(9) Any reference in the Idaho Code to imprisonment in a state penitentiary, or state prison, or incarceration under the control and custody of the Idaho board of correction shall be interpreted to include incarceration in a private prison facility.

History:

[20-241A, added 1997, ch. 223, sec. 3, p. 657; am. 2010, ch. 351, sec. 3, p. 916.]
Idaho Code § 20-1010 — Idaho Code / Title 20 / Chapter 10 / Section 20-1010
20-1010 COMMISSION RULINGS AT A PAROLE REVOCATION HEARING.
Status: in_force

20-1010. Commission rulings at a parole revocation hearing. (1) After a factual parole revocation hearing has been concluded, the commissioner or commissioners or the designated hearing officer, having heard the matter, shall render a decision within twenty (20) days. If the alleged parole violator waives the parole hearing pursuant to the provisions of section 20-1009(3), Idaho Code, then a decision shall be entered upon acceptance of the waiver.

(2) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or those that have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole.

(3) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then a dispositional hearing shall be convened during a regular session of the commission to impose any sanctions up to and including executing an order of parole revocation and determine the period of time the parole violator shall be returned to state custody.

History:

[(20-1010) 20-229B, added 1970, ch. 105, sec. 5, p. 263; am. 1994, ch. 171, sec. 6, p. 386; am. 2014, ch. 150, sec. 17, p. 429; am. 2015, ch. 295, sec. 1, p. 1173; am. 2016, ch. 267, sec. 1, p. 719; am. 2017, ch. 182, sec. 5, p. 420; am. and redesig. 2021, ch. 196, sec. 12, p. 533.]
Idaho Code § 20-614 — Idaho Code / Title 20 / Chapter 6 / Section 20-614
20-614 PRISONERS MUST BE ACTUALLY CONFINED EXCEPT ON ORDER OF COURT FOR PRIVATE EMPLOYMENT.
Status: in_force

20-614. Prisoners must be actually confined except on order of court for private employment. (1) A prisoner committed to the county jail by any court for trial or examination, or upon conviction for a public offense, must be confined in the jail until he is legally discharged unless the court specifies otherwise.

(2) If the committed person has been regularly employed, the sheriff shall, if ordered by the committing judge, arrange for a continuation of said employment insofar as possible without interruption.

(3) Whenever the prisoner is not employed, and between the hours or periods of his employment, he shall be confined in jail as an ordinary prisoner.

(4) In case of any violation of the conditions laid down for his conduct, custody and employment the prisoner shall be returned to the court, and the court may then require the balance of his or her sentence be spent in actual confinement and may cancel any earned diminution of his or her term.

(5) The sheriff shall receive such extra compensation and mileage for the administration of this act as the county commissioners determine.

(6) The court may also by its order authorize the use of a jail in a contiguous or other county where the prisoner is employed, and while the prisoner is so employed under this act such prisoner shall be in the other county's custody.

(7) The defendant may be incarcerated on nonemployment days only. If such confinement is approved, the court shall provide that the county jail shall be reimbursed the costs of confinement, in the amount provided in section 20-605, Idaho Code, by the defendant.

History:

[(20-614) 1863, p. 475, sec. 32; R.S., R.C., & C.L., sec. 8528; C.S., sec. 9418; I.C.A., sec. 20-604; am. 1957, ch. 237, sec. 1, p. 567; am. 1977, ch. 11, sec. 1, p. 22; am. 1987, ch. 182, sec. 1, p. 361; am. 1989, ch. 104, sec. 1, p. 237; am. 1989, ch. 231, sec. 2, p. 560; am. 1993, ch. 213, sec. 3, p. 579; am. 1994, ch. 28, sec. 1, p. 46; am. 2000, ch. 115, sec. 1, p. 254.]
Idaho Code § 20-525 — Idaho Code / Title 20 / Chapter 5 / Section 20-525
20-525 RECORDS — PRIVILEGED INFORMATION.
Status: in_force

20-525. Records — Privileged information. (1) The court shall maintain records of all cases brought before it. In proceedings under this act the following juvenile courtroom proceedings and records shall be open to the public: all proceedings against a juvenile offender of the age of fourteen (14) years or older and who is petitioned or charged with an offense which would be a felony if committed by an adult including the court docket, petitions, complaints, information, arraignments, trials, sentencings, probation violation hearings and dispositions, motions and other papers filed in any case in any district; transcripts of testimony taken by the court; and findings, verdicts, judgments, orders, decrees and other papers filed in proceedings before the court of any district.

(2) Juvenile courtroom proceedings and records shall remain confidential when the court and the prosecutor agree extraordinary circumstances exist that justify records of a juvenile offender of the age of fourteen (14) years or older and who is petitioned or charged with an offense which would be a felony if committed by an adult should remain confidential because it is in the best interest of the juvenile offender.

(3) In proceedings under this act the following records and court proceedings of juvenile offenders of the age of thirteen (13) years or younger shall not be withheld from public inspection, except on court order, which order must be made in writing in each case: the court docket, petitions, complaints, information, arraignments, trials, sentencings, probation violation hearings and dispositions, motions and other papers filed in any case in any district; transcripts of testimony taken by the court; and findings, verdicts, judgments, orders, decrees and other papers filed in proceedings before the court of any district.

(4) These records shall be open to inspection according to chapter 1, title 74, Idaho Code. All information obtained and social records prepared in the discharge of official duty by an employee of the court shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

(5) The victim of misconduct shall always be entitled to the name of the juvenile offender involved, the name of the juvenile offender's parents or guardian, and their addresses and telephone numbers, if available in the records of the court.

(6) Notwithstanding the other provisions of this act and notwithstanding any order entered pursuant hereto, nothing in this act shall prohibit the exchange of records created pursuant to this act between prosecuting attorneys or courts in this state.

History:

[(20-525) 1963, ch. 319, sec. 16, p. 876; am. 1977, ch. 156, sec. 4, p. 404; am. 1990, ch. 213, sec. 12, p. 498; am. 1990, ch. 245, sec. 2, p. 698; am. 1994, ch. 326, sec. 2, p. 1052; am. and redesig. 1995, ch. 44, sec. 26, p. 91; am. 1997, ch. 258, sec. 1, p. 732; am. 2012, ch. 19, sec. 21, p. 58; am. 2015, ch. 141, sec. 26, p. 406.]
Idaho Code § 20-221 — Idaho Code / Title 20 / Chapter 2 / Section 20-221
20-221 MODIFICATION OF TERMS OR CONDITIONS OF PROBATION OR SUSPENSION OF SENTENCE — TERMINATION OF PROBATION.
Status: in_force

20-221. Modification of terms or conditions of probation or suspension of sentence — termination of probation. (1) By order duly entered the court may impose and may at any time modify any terms or conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the board of correction, to the prosecuting attorney and to the probationer.

(2) Any party or the board of correction may submit to the court a request to modify the terms and conditions of probation for any probationer under the board's supervision at any time during the period of probation. A request to modify the terms and conditions of probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of the request to modify the terms and conditions of probation. Any responses to a request to modify shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to modify based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to modify. The court shall by written order rule on the request to modify within sixty (60) days of the date of submittal of the request.

(3) Any party or the board of correction may submit to the court a request to terminate the probation for any probationer under the board's supervision at any time during the period of probation. A request to terminate probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of a request to terminate probation. Any responses to a request to terminate probation shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to terminate based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to terminate. The court shall rule on the request within sixty (60) days of the date of submittal of the request. A court order granting a request to terminate probation under this subsection shall be deemed a final discharge from the remaining period of probation.

History:

[20-221, added 1947, ch. 53, sec. 21, p. 59; am. 2014, ch. 150, sec. 10, p. 423.]
Idaho Code § 20-241 — Idaho Code / Title 20 / Chapter 2 / Section 20-241
20-241 ACCEPTANCE OF FEDERAL OR OTHER FUNDS OR PROPERTY.
Status: in_force

20-241. Acceptance of federal or other funds or property. The state board of correction, with the written consent of the governor, shall have the power and it shall be its duty:

1. To accept from the United States of America or any of its agencies, such funds, equipment, and supplies as may be made available to this state for any of the purposes contemplated by law, and to enter into such contract and agreements with the United States or any of its agencies, or other states, as may be necessary, proper and convenient, not contrary to the laws of the state.

2. To enter into an agreement with the board of county commissioners of any county, or with the governing officials of any municipality of this state for the payment by said county or municipality of all or any part of the cost of performance by the state board of correction of any parole or probation services or the supervision of any parole or probation case arising within the said county or municipality, as the case may be, or the maintenance therein of work camps as authorized by law.

3. To accept any grant or donation of land or any gift of money or valuable thing made to the state for any of the purposes contemplated by law.

History:

[20-241, added 1947, ch. 53, sec. 41, p. 59; am. 1970, ch. 143, sec. 12, p. 425; am. 1997, ch. 223, sec. 2, p. 656.]
Idaho Code § 20-511 — Idaho Code / Title 20 / Chapter 5 / Section 20-511
20-511 DIVERSION.
Status: in_force

20-511. Diversion. (1) Prior to the filing of any petition under this act, the prosecuting attorney may use the diversion process and refer the case directly to the county probation officer or a community-based diversion program for informal supervision and counseling. The prosecuting attorney may request a preliminary inquiry from the county probation officer, aided by use of a validated screening tool, to determine whether the interest of the public or the juvenile requires a formal court proceeding rather than diversion. If the diversion process is utilized pursuant to this subsection, then statements made by a juvenile in a diversion proceeding shall be inadmissible at an adjudicative proceeding on the underlying charge as substantive evidence of guilt. If community service is going to be utilized pursuant to this subsection, the prosecuting attorney shall collect a fee of sixty cents (60¢) per hour for each hour of community service work the juvenile is going to perform and remit the fee to the state insurance fund for the purpose of securing worker's compensation insurance for the juvenile offender performing community service. However, if a county is self-insured and provides worker's compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required.

(2) Information uniquely identifying the juvenile offender, the offense, and the type of program utilized shall be forwarded to the department. This information shall be maintained by the department in a statewide juvenile offender information system. Access to the information shall be controlled by the department, subject to the provisions of section 74-113, Idaho Code.

History:

[(20-511) 16-1807A, added 1984, ch. 81, sec. 7, p. 152; am. 1994, ch. 233, sec. 3, p. 727; am. and redesig. 1995, ch. 44, sec. 12, p. 80; am. 1996, ch. 260, sec. 1, p. 856; am. 2009, ch. 154, sec. 1, p. 449; am. 2012, ch. 19, sec. 10, p. 49; am. 2013, ch. 222, sec. 1, p. 522; am. 2014, ch. 345, sec. 1, p. 865; am. 2015, ch. 141, sec. 24, p. 404; am. 2016, ch. 51, sec. 1, p. 147; am. 2022, ch. 20, sec. 1, p. 41.]
Idaho Code § 20-530 — Idaho Code / Title 20 / Chapter 5 / Section 20-530
20-530 REASSESSMENT OF COMMITTED JUVENILE OFFENDERS — RECORDS — FAILURE TO REASSESS.
Status: in_force

20-530. Reassessment of committed juvenile offenders — Records — Failure to reassess. (1) The department shall make periodic reassessments of all juvenile offenders committed to it for the purpose of determining whether existing orders and dispositions in individual cases should be modified or continued in force. Assessments may be made as frequently as the department considers desirable and shall be made with respect to every juvenile offender at intervals not exceeding one (1) year. Reports of periodic reassessments made pursuant to this section shall be filed with the court from which the juvenile offender was committed.

(2) The department shall keep written records of assessments, prognosis, and all orders concerning disposition or treatment of every juvenile offender committed to it.

(3) Failure of the department to assess a committed juvenile offender or to reassess him within one (1) year of a previous assessment shall not of itself entitle the juvenile offender to discharge from the control of the department but shall entitle him to petition the committing court for an order of discharge and the court shall discharge him unless the department satisfies the court of the need for further control.

History:

[(20-530) 1963, ch. 319, sec. 23, p. 876; am. and redesig. 1995, ch. 44, sec. 32, p. 93; am. 2012, ch. 19, sec. 25, p. 61.]
Idaho Code § 20-224 — Idaho Code / Title 20 / Chapter 2 / Section 20-224
20-224 INFORMATION REGARDING PRISONERS TO BE SECURED.
Status: in_force

20-224. Information regarding prisoners to be secured. (1) Within six (6) months after his admission and at such intervals thereafter as it may determine, the board shall secure all pertinent available information regarding each prisoner, including the circumstances of his offense, his previous social history and criminal record, his conduct, employment and attitude in prison, and reports of such physical and mental examinations as have been made to assist the board in prescribing treatment for such person while in confinement and to assist the commission in its deliberations. The board and the commission shall attempt to inform themselves as to such inmate as a personality and may seek from the sentencing judge, prosecuting attorney, defense counsel and law enforcement authorities such information of which they may be possessed relative to the convicted person and the crime for which he was committed. An electronic recording or transcript of the comments and arguments required to be recorded by section 19-2515, Idaho Code, shall be submitted to the board, made available to the commission, and shall be considered by the commission in making a parole or commutation decision with respect to the prisoner.

(2) The board of correction shall use a validated risk assessment to determine, for each prisoner, the risk of reoffense and suitability for release. For purposes of this subsection, "validated risk assessment" means an actuarial tool that has been validated in Idaho to determine the likelihood of the prisoner engaging in future criminal behavior. The board shall select a research-based risk assessment and shall validate the accuracy of the risk assessment at least every five (5) years in consultation with the commission. Assessments shall be performed by department staff who are trained and certified in the use of the risk assessment. The commission shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, to ensure that risk assessment is used in determining parole, the benefit of holding a prisoner in prison to complete programming versus releasing the prisoner on parole to complete programming in the community and in setting conditions for parole supervision.

History:

[20-224, added 1947, ch. 53, sec. 24, p. 59; am. 1980, ch. 297, sec. 7, p. 771; am. 1984, ch. 230, sec. 2, p. 551; am. 2014, ch. 150, sec. 13, p. 426.]
Idaho Code § 20-620 — Idaho Code / Title 20 / Chapter 6 / Section 20-620
20-620 NO PRISONER EXEMPT FROM LABOR.
Status: in_force

20-620. No prisoner exempt from labor. No prisoner liable to employment as provided in this chapter shall be exempt therefrom except by reason of physical disability.

History:

[(20-620) 1895, p. 100, sec. 4; reen. 1899, p. 253, sec. 4; reen. R.C., sec. 8542d; compiled and reen. C.L., sec. 8542d; C.S., sec. 9435; I.C.A., sec. 20-620.]
Idaho Code § 20-542 — Idaho Code / Title 20 / Chapter 5 / Section 20-542
20-542 JUVENILE CORRECTIONS FUND — CREATION.
Status: in_force

20-542. Juvenile corrections fund — Creation. There is hereby created in the state treasury, the juvenile corrections fund. Moneys in the fund shall be utilized by the department for construction and administration of facilities under the jurisdiction of the department of juvenile corrections, for assistance to a county or series of counties in constructing, contracting for or administering detention facilities for juvenile offenders, to coordinate training for juvenile detention officers and/or juvenile probation officers, and for alternative programs designed to help juveniles avoid the traditional juvenile corrections system. All moneys in the fund may be expended only pursuant to appropriation by the legislature.

History:

[(20-542) 1989, ch. 155, sec. 9, p. 388; am. and redesig. 1995, ch. 44, sec. 48, p. 98; am. 1999, ch. 155, sec. 2, p. 434; am. 2001, ch. 15, sec. 3, p. 20; am. 2012, ch. 19, sec. 33, p. 64.]