Idaho Code § 19-2410 — Idaho Code / Title 19 / Chapter 24 / Section 19-2410
19-2410 EFFECT OF SUSTAINING MOTION.
Status: in_force

19-2410. Effect of sustaining motion. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found.

History:

[(19-2410) Cr. Prac. 1864, sec. 432, p. 265; R.S., R.C., & C.L., sec. 7962; C.S., sec. 9021; I.C.A., sec. 19-2311.]
Idaho Code § 19-701 — Idaho Code / Title 19 / Chapter 7 / Section 19-701
19-701 OFFICER OF ANOTHER STATE ENTERING STATE IN FRESH PURSUIT OF SUSPECTED FELON.
Status: in_force

19-701. Officer of another state entering state in fresh pursuit of suspected felon. Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.

History:

[19-701, added 1941, ch. 69, sec. 1, p. 133.]
Idaho Code § 19-6201 — Idaho Code / Title 19 / Chapter 62 / Section 19-6201
19-6201 DEFINITIONS.
Status: in_force

19-6201. DEFINITIONS. As used in this chapter:

(1) "Alternative Idaho mailing address" means the address of a judicial officer's chambers.

(2) "Application" means a written form prescribed and made available by the Idaho supreme court. Such application shall contain, at a minimum, all of the following:

(a) A sworn statement by the judicial officer's employing entity that the applicant is in fact a judicial officer as defined in subsection (4) of this section;

(b) A sworn statement by the judicial officer that names such officer's residing household members, if any, as defined in subsection (6) of this section;

(c) The alternative Idaho mailing address as defined in subsection (1) of this section and the telephone number or numbers where the judicial officer and such officer's residing household members can be contacted by the public agency; and

(d) A sworn statement by the judicial officer that such officer knowingly and voluntarily designates his employing entity as agent for purposes of service of process and receipt of first class, certified, or registered mail.

(3) "Custodian" is as defined in section 74-101, Idaho Code.

(4) "Judicial officer" means a justice, judge, or magistrate judge with chambers in the state of Idaho.

(5) "Public agency" is as defined in section 74-101, Idaho Code.

(6) "Residing household member" means a judicial officer's spouse and any child or children who currently reside at the same residential street address as such officer.

(7) "Idaho residential street address" means the street address of the judicial officer's residence and includes a legal description of real estate that contains the location of such address.

History:

[(19-6201) 19-6001, added 2023, ch. 179, sec. 1, p. 482; am. and redesig. 2024, ch. 16, sec. 5, p. 138; am. and redesig. 2024, ch. 250, sec. 1, p. 885.]
Idaho Code § 19-2520 — Idaho Code / Title 19 / Chapter 25 / Section 19-2520
19-2520 EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON.
Status: in_force

19-2520. Extended sentence for use of firearm or deadly weapon. Any person convicted of a violation of sections 18-905 (aggravated assault defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a serious felony defined), 18-911 (battery with intent to commit a serious felony defined), 18-1401 (burglary defined), 18-1508(3), 18-1508(4), 18-1508(5), 18-1508(6) (lewd conduct with minor or child under sixteen), 18-2501 (rescuing prisoners), 18-2505 (escape by one charged with or convicted of a felony), 18-2506 (escape by one charged with or convicted of a misdemeanor), 18-4003 (degrees of murder), 18-4006 (manslaughter), 18-4015 (assault with intent to murder), 18-4501 (kidnapping defined), 18-5001 (mayhem defined), 18-6101 (rape defined), 18-6501 (robbery defined), 37-2732(a) (delivery, manufacture or possession of a controlled substance with intent to deliver) or 37-2732B (trafficking), Idaho Code, who displayed, used, threatened, or attempted to use a firearm or other deadly weapon while committing or attempting to commit the crime, shall be sentenced to an extended term of imprisonment. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years.

For the purposes of this section, "firearm" means any deadly weapon capable of ejecting or propelling one (1) or more projectiles by the action of any explosive or combustible propellant, and includes unloaded firearms and firearms which are inoperable but which can readily be rendered operable.

The additional terms provided in this section shall not be imposed unless the fact of displaying, using, threatening, or attempting to use a firearm or other deadly weapon while committing the crime is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at the trial of the substantive crime.

This section shall apply even in those cases where the use of a firearm is an element of the offense.

History:

[19-2520, added 1977, ch. 10, sec. 1, p. 20; am. 1980, ch. 296, sec. 1, p. 767; am. 1983, ch. 183, sec. 1, p. 496; am. 1986, ch. 319, sec. 2, p. 785; am. 1988, ch. 328, sec. 1, p. 990; am. 1993, ch. 264, sec. 1, p. 897; am. 2006, ch. 249, sec. 1, p. 758.]
Idaho Code § 19-2134 — Idaho Code / Title 19 / Chapter 21 / Section 19-2134
19-2134 COMMITMENT OF DEFENDANT PENDING TRIAL.
Status: in_force

19-2134. Commitment of defendant pending trial. When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court, and he must be committed and held in custody accordingly.

History:

[(19-2134) Cr. Prac. 1864, sec. 389, p. 259; R.S., R.C., & C.L., sec. 7888; C.S., sec. 8974; I.C.A., sec. 19-2034.]
Idaho Code § 19-4223 — Idaho Code / Title 19 / Chapter 42 / Section 19-4223
19-4223 RIGHT OF ACCESS TO COURT NOT EXPANDED.
Status: in_force

19-4223. Right of access to court not expanded. Nothing in this chapter shall be construed to expand the right of access to courts for institutionalized persons under federal or state law.

History:

[19-4223, added 1999, ch. 376, sec. 2, p. 1034.]
Idaho Code § 19-2123 — Idaho Code / Title 19 / Chapter 21 / Section 19-2123
19-2123 ADVISORY INSTRUCTION TO ACQUIT.
Status: in_force

19-2123. Advisory instruction to acquit. If, at any time after the evidence on either side is closed, the court deems it insufficient to warrant a conviction, it must advise the jury to acquit the defendant. But the jury are not bound by the advice.

History:

[(19-2123) Cr. Prac. 1864, sec. 375, p. 258; R.S., R.C., & C.L., sec. 7877; C.S., sec. 8963; I.C.A., sec. 19-2023.]
Idaho Code § 19-4905 — Idaho Code / Title 19 / Chapter 49 / Section 19-4905
19-4905 COSTS OF STATE.
Status: in_force

19-4905. Costs of state. All costs and expenses necessarily incurred by the state in the proceedings shall be paid by the county in which the application is filed.

History:

[19-4905, added 1967, ch. 25, sec. 5, p. 42.]
Idaho Code § 19-228 — Idaho Code / Title 19 / Chapter 2 / Section 19-228
19-228 DISOBEDIENCE OF PROCLAMATION.
Status: in_force

19-228. Disobedience of proclamation. Any person who, after the publication of such proclamation, resists or aids in resisting the execution of process in any county so declared to be in a state of insurrection, or who aids or attempts the rescue or escape of any person from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to quell or suppress an insurrection, shall be punished by imprisonment in the state prison for a term not less than two (2) years.

History:

[19-228, added 1972, ch. 336, sec. 3, p. 983.]
Idaho Code § 19-2903 — Idaho Code / Title 19 / Chapter 29 / Section 19-2903
19-2903 RIGHT TO BAIL — LIMITATIONS.
Status: in_force

19-2903. RIGHT TO BAIL — limitations. Any person charged with a crime who is not released on his own recognizance is entitled to bail, as a matter of right, before a plea or verdict of guilty, except when the offense charged is punishable by death and the proof is evident or the presumption is great. The setting of bail on a bench warrant following a failure by a defendant to appear before the court as ordered and without sufficient excuse shall be determined under the provisions of section 19-2915, Idaho Code. In the discretion of the court, bail may be allowed in the following cases:

(1) After the defendant is found guilty or pleads guilty and before sentencing;

(2) While an appeal is pending from a judgment of conviction, an order withholding judgment or an order imposing sentence, except that a court shall not allow bail when the defendant has been sentenced to death or life imprisonment;

(3) Upon a charge of a violation of the terms of probation; and

(4) Upon a finding of a violation of the conditions of release pursuant to section 19-2919, Idaho Code.

History:

[19-2903, added 2009, ch. 90, sec. 2, p. 260; am. 2015, ch. 182, sec. 1, p. 586.]
Idaho Code § 19-2923 — Idaho Code / Title 19 / Chapter 29 / Section 19-2923
19-2923 SEVERABILITY.
Status: in_force

19-2923. severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

History:

[19-2923, added 2009, ch. 90, sec. 2, p. 265.]
Idaho Code § 19-310 — Idaho Code / Title 19 / Chapter 3 / Section 19-310
19-310 ESCAPE FROM PRISON.
Status: in_force

19-310. Escape from prison. The venue of a criminal action for escaping from prison is in any county of the state.

History:

[19-310, added 1972, ch. 336, sec. 4, p. 985; am. 1986, ch. 289, sec. 10, p. 731.]
Idaho Code § 19-201 — Idaho Code / Title 19 / Chapter 2 / Section 19-201
19-201 LAWFUL RESISTANCE.
Status: in_force

19-201. Lawful resistance. Lawful resistance to the commission of a public offense may be made:

1. By the party about to be injured.

2. By other parties.

History:

[19-201, added 1972, ch. 336, sec. 3, p. 983.]
Idaho Code § 19-2014 — Idaho Code / Title 19 / Chapter 20 / Section 19-2014
19-2014 TIME FOR CHALLENGE.
Status: in_force

19-2014. Time for challenge. It must be taken before the jury is sworn to try the cause.

History:

[(19-2014) Cr. Prac. 1864, sec. 333, p. 252; R.S., R.C., & C.L., sec. 7828; C.S., sec. 8924; I.C.A., sec. 19-1914.]
Idaho Code § 19-4519 — Idaho Code / Title 19 / Chapter 45 / Section 19-4519
19-4519 PERSONS UNDER CRIMINAL PROSECUTION IN THIS STATE AT TIME OF REQUISITION.
Status: in_force

19-4519. Persons under criminal prosecution in this state at time of requisition. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his discretion, either may surrender such person on demand of the executive authority of another state or hold him until he has been tried and discharged, or convicted and punished in this state.

History:

[(19-4519) 1927, ch. 29, sec. 19, p. 31; I.C.A., sec. 19-4619; am. 2008, ch. 136, sec. 20, p. 391.]
Idaho Code § 19-5109 — Idaho Code / Title 19 / Chapter 51 / Section 19-5109
19-5109 POWERS OF THE COUNCIL — STANDARDS OF TRAINING, EDUCATION AND EMPLOYMENT OF PEACE OFFICERS — CERTIFICATION — PENALTIES.
Status: in_force

19-5109. Powers of the council — Standards of training, education and employment of peace officers — Certification — Penalties. (1) It shall be the duty of and the council shall have the power:

(a) To establish the requirements of minimum basic training that peace officers shall complete in order to be eligible for permanent employment as peace officers and the time within which such basic training must be completed. One (1) component of minimum basic training shall be a course in the investigation and collection of evidence in cases involving an allegation of sexual assault or battery;

(b) To establish the requirements of minimum education and training standards for employment as a peace officer in probationary, temporary, part-time, and/or emergency positions;

(c) To establish the length of time a peace officer may serve in a probationary, temporary, and/or emergency position;

(d) To approve, deny approval or revoke the approval of any institution or school established by the state or any political subdivision or any other party for the training of peace officers;

(e) To establish the minimum requirements of courses of study, attendance, equipment, and facilities of all approved schools and the scholastic requirement, experience, and training of instructors at all approved schools;

(f) To establish such other requirements for employment, retention and promotion of peace officers, including minimum age, physical and mental standards, citizenship, moral character, experience and such other matters as relate to the competence and reliability of peace officers;

(g) To certify peace officers as having completed all requirements established by the council in order to be eligible for permanent employment as peace officers in this state;

(h) To receive and file for record copies of merit regulations or local ordinances passed by any political subdivision;

(i) To maintain permanent files and transcripts for all peace officers certified by the council to include any additional courses or advanced courses of instruction successfully completed by such peace officers while employed in this state and to include the law enforcement employment history by agency and dates of service of the officer. Such information shall be made available to any law enforcement agency upon request when a person applies for employment at the requesting law enforcement agency; and

(j) To allow a peace officer of a federally recognized Indian tribe within the boundaries of this state to attend the peace officer standards and training academy if said peace officer meets minimum physical and educational requirements of the academy. The Indian tribal law enforcement agency shall reimburse the peace officer standards and training academy for the officer's training. Upon satisfactory completion of the peace officer standards and training academy, the tribal peace officer shall receive a certificate of satisfactorily completing the academy.

(2) After January 1, 1974, any peace officer as defined in section 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected official or deputy serving civil process, the deputy director of the Idaho state police, or any person serving under a temporary commission with any law enforcement agency in times of natural or man-caused disaster declared to be an emergency by the board of county commissioners or by the governor of the state of Idaho, or those peace officers whose primary duties involve motor vehicle parking and animal control pursuant to city or county ordinance, or any peace officer acting under a special deputy commission from the Idaho state police, shall be certified by the council within one (1) year of employment; provided, however, that the council may establish criteria different than that required of other peace officers for certification of city police chiefs or administrators within state agencies having law enforcement powers who, because of the number of full-time peace officers they supervise, have duties that are primarily administrative. Any such chief of police or state agency administrator employed in such capacity prior to July 1, 1987, shall be exempt from certification.

(3) The council is designated as a criminal justice agency as defined in section 67-3012(7)(A)(ii), Idaho Code, for the purposes of obtaining and retaining confidential criminal justice information by means of criminal justice services as defined in section 67-3012(8), Idaho Code. Such information shall be used to provide for the certification, suspension or revocation of certification of peace officers and public safety personnel subject to certification by the council. The council may not record or retain any confidential criminal justice information without complying with the provisions of chapter 30, title 67, Idaho Code.

(4) No peace officer shall have or exercise any power granted by any statute of this state to peace officers unless such person shall have been certified by the council within one (1) year of the date on which such person commenced employment as a peace officer, except in cases where the council, for good cause and in writing, has granted additional time to complete such training. The council shall decertify any officer who is convicted of any felony or offense that would be a felony if committed in this state. The council may decertify any officer who:

(a) Is convicted of any misdemeanor;

(b) Willfully or otherwise falsifies or omits any information to obtain any certified status; or

(c) Violates any of the standards of conduct as established by the council's code of ethics, as adopted and amended by the council.

All proceedings taken by the council shall be conducted in accordance with chapter 52, title 67, Idaho Code.

(5) Any law enforcement agency as defined in section 19-5101(c), Idaho Code, in which any peace officer shall resign as a result of any disciplinary action or in which a peace officer's employment is terminated as a result of any disciplinary action shall, within fifteen (15) days of such action, make a report to the council.

(6) The council shall, pursuant to the requirements of this section, establish minimum basic training and certification standards for county detention officers that can be completed within one (1) year of employment as a county detention officer.

(7) The council may, upon recommendation of the juvenile training council and pursuant to the requirements of this section, implement minimum basic training and certification standards for juvenile detention officers, juvenile probation officers, and employees of the Idaho department of juvenile corrections who are engaged in the direct care and management of juveniles.

(8) The council may, upon recommendation of the correction standards and training council and pursuant to the requirements of this section, establish minimum basic training and certification standards for state correction officers and for adult probation and parole officers.

(9) The council may, upon recommendation from the misdemeanor probation training council and pursuant to the requirements of this section, establish minimum basic training, continuing education, and certification standards for misdemeanor probation officers, whether those officers are employees of, or by private sector contract with, a county.

(10) The council may reject any applicant for certification who has been convicted of a misdemeanor. The council shall reject an applicant for certification who has been convicted of any felony the punishment for which could have been imprisonment in a federal or state penal institution and that is either enumerated in section 18-310(2), Idaho Code, or is a substantially equivalent offense from a jurisdiction other than the state of Idaho. The council may reject any applicant for certification who has been convicted of a felony that has been set aside, expunged, or pardoned or reduced to a misdemeanor or dismissed pursuant to the terms of section 19-2604, Idaho Code, or that is subject to the terms of a withheld judgment.

(11) As used in this section, "convicted" means a plea or finding of guilt, notwithstanding the form of judgment or withheld judgment, regardless of whether the sentence is imposed, suspended, deferred or withheld, and regardless of whether the plea or conviction is set aside or withdrawn or the case is dismissed or reduced under section 19-2604, Idaho Code, or any other comparable statute or procedure where the setting aside of the plea or conviction, or dismissal or reduction of the case or charge, is based upon lenity or the furtherance of rehabilitation rather than upon any defect in the legality or factual basis of the plea, finding of guilt or conviction.

History:

[19-5109, added 1981, ch. 307, sec. 2, p. 630; am. 1987, ch. 180, sec. 1, p. 357; am. 1992, ch. 248, sec. 2, p. 731; am. 1997, ch. 84, sec. 2, p. 200; am. 1997, ch. 234, sec. 1, p. 683; am. 1999, ch. 154, sec. 2, p. 429; am. 2000, ch. 113, sec. 1, p. 250; am. 2000, ch. 469, sec. 37, p. 1493; am. 2001, ch. 143, sec. 1, p. 510; am. 2002, ch. 84, sec. 1, p. 187; am. 2005, ch. 131, sec. 2, p. 418; am. 2006, ch. 47, sec. 1, p. 136; am. 2006, ch. 246, sec. 1, p. 753; am. 2008, ch. 88, sec. 4, p. 244; am. 2009, ch. 115, sec. 1, p. 370; am. 2011, ch. 128, sec. 3, p. 355; am. 2017, ch. 284, sec. 1, p. 747; am. 2022, ch. 82, sec. 1, p. 234; am. 2025, ch. 182, sec. 1, p. 854.]
Idaho Code § 19-814 — Idaho Code / Title 19 / Chapter 8 / Section 19-814
19-814 DISCHARGE OF DEFENDANT.
Status: in_force

19-814. Discharge of defendant. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate must dismiss the complaint and order the defendant to be discharged.

History:

[(19-814) Cr. Prac. 1864, sec. 159, p. 232; R.S., R.C., & C.L., sec. 7578; C.S., sec. 8756; I.C.A., sec. 19-714; am. 1969, ch. 467, sec. 8, p. 1339.]
Idaho Code § 19-4009 — Idaho Code / Title 19 / Chapter 40 / Section 19-4009
19-4009 SENATE TO BE SWORN.
Status: in_force

19-4009. Senate to be sworn. At the time and place appointed and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly and impartially to hear, try, and determine the impeachment; and no member of the senate can act or vote upon the impeachment or upon any question arising thereon without having taken such oath.

History:

[(19-4009) Cr. Prac. 1864, sec. 58, p. 220; R.S., R.C., & C.L., sec. 7433; C.S., sec. 8662; I.C.A., sec. 19-4109.]
Idaho Code § 19-2109 — Idaho Code / Title 19 / Chapter 21 / Section 19-2109
19-2109 DISCHARGE EQUIVALENT TO ACQUITTAL.
Status: in_force

19-2109. Discharge equivalent to acquittal. The order mentioned in the last two (2) sections is an acquittal of the defendant discharged, and is a bar to another prosecution for the same offense.

History:

[19-2109, added 1972, ch. 336, sec. 8, p. 988.]
Idaho Code § 19-301 — Idaho Code / Title 19 / Chapter 3 / Section 19-301
19-301 ALL OFFENDERS LIABLE TO PUNISHMENT.
Status: in_force

19-301. All offenders liable to punishment. (1) Jurisdiction – venue. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, except where it is by law cognizable exclusively in the courts of the United States. Evidence that a prosecutable act was committed within the state of Idaho is a jurisdictional requisite, and proof of such must be shown beyond a reasonable doubt.

(2) Venue is nonjurisdictional. Proof that venue is proper under this chapter is satisfied if shown by a preponderance of the evidence.

History:

[19-301, added 1972, ch. 336, sec. 4, p. 983; am. 1986, ch. 289, sec. 1, p. 728.]
Idaho Code § 19-3021 — Idaho Code / Title 19 / Chapter 30 / Section 19-3021
19-3021 UNIFORMITY OF INTERPRETATION.
Status: in_force

19-3021. Uniformity of interpretation. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History:

[19-3021, added 1959, ch. 10, sec. 9, p. 25.]
Idaho Code § 19-4218 — Idaho Code / Title 19 / Chapter 42 / Section 19-4218
19-4218 TERMINATION OF INJUNCTIVE RELIEF ORDER OR DECREE IN CONDITIONS OF CONFINEMENT CASES.
Status: in_force

19-4218. Termination of injunctive relief order or decree in conditions of confinement cases. In any civil action with respect to conditions of confinement in which prospective relief is ordered or obtained pursuant to consent decree, the relief order or decree shall be terminated upon the motion of any party or intervenor:

(1) Two (2) years after the date the court granted or approved the prospective relief;

(2) One (1) year after the date the court has entered an order or decree denying termination of prospective relief under this section; or

(3) In the case of an order issued on or before the date of enactment of this act, one (1) year after such date of enactment.

History:

[19-4218, added 1999, ch. 376, sec. 2, p. 1033.]
Idaho Code § 19-1902 — Idaho Code / Title 19 / Chapter 19 / Section 19-1902
19-1902 TRIAL BY JURY.
Status: in_force

19-1902. Trial by jury. Issues of fact must be tried by jury, unless a trial by jury be waived in criminal cases by the consent of both parties expressed in open court and entered in the minutes. In case of misdemeanor the jury may consist of six (6) or any number less than six (6) upon which the parties may agree in open court. There shall be no right to trial by jury for an infraction.

History:

[(19-1902) R.S., sec. 7781; am. 1890-1891, p. 165, sec. 1; reen. 1899, p. 110, sec. 1; reen. R.C. & C.L., sec. 1781; C.S., sec. 8904; I.C.A., sec. 19-1802; am. 1965, ch. 80, sec. 1, p. 130; am. 1982, ch. 353, sec. 8, p. 878; am. 2000, ch. 69, sec. 1, p. 152; am. 2014, ch. 236, sec. 3, p. 597.]
Idaho Code § 19-2021 — Idaho Code / Title 19 / Chapter 20 / Section 19-2021
19-2021 EXEMPTION NOT GROUND FOR CHALLENGE.
Status: in_force

19-2021. Exemption not ground for challenge. An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.

History:

[(19-2021) Cr. Prac. 1864, sec. 340, p. 253; R.S., R.C., & C.L., sec. 7835; C.S., sec. 8931; I.C.A., sec. 19-1921.]
Idaho Code § 19-304 — Idaho Code / Title 19 / Chapter 3 / Section 19-304
19-304 OFFENSES COMMITTED IN DIFFERENT COUNTIES.
Status: in_force

19-304. Offenses committed in different counties. (1) When a public offense is committed in part in one (1) county and in part in another, or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two (2) or more counties, the venue is in either county.

(2) When more than one (1) felony is committed in more than one (1) county pursuant to a continuing criminal transaction or a common scheme or plan, venue shall be in any county in which one or more of such offenses has occurred.

(3) If a crime has been committed in the state of Idaho but it cannot be shown which county properly has venue, then in such case Ada county shall be the proper county of venue.

History:

[19-304, added 1972, ch. 336, sec. 4, p. 984; am. 1986, ch. 289, sec. 4, p. 728.]
Idaho Code § 19-4206 — Idaho Code / Title 19 / Chapter 42 / Section 19-4206
19-4206 PRISONERS REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDITIONS OF CONFINEMENT CASES.
Status: in_force

19-4206. Prisoners required to exhaust administrative remedies in conditions of confinement cases. (1) Unless a petitioner who is a prisoner establishes to the satisfaction of the court that he is in imminent danger of serious physical injury, no petition for writ of habeas corpus or any other civil action shall be brought by any person confined in a state or county institution, or in a state, local or private correctional facility, with respect to conditions of confinement until all available administrative remedies have been exhausted. If the institution, or state, local or private correctional facility does not have a system for administrative remedy, this requirement shall be waived.

(2) At the time of filing, the petitioner shall submit, together with the petition for writ of habeas corpus a true, correct and complete copy of any documentation which demonstrates that he has exhausted administrative remedies described in subsection (1) of this section.

(3) If at the time of filing the petition for writ of habeas corpus the petitioner fails to comply with this section, the court shall dismiss the petition with or without prejudice.

History:

[19-4206, added 1999, ch. 376, sec. 2, p. 1029; am. 2000, ch. 271, sec. 4, p. 780.]
Idaho Code § 19-3207 — Idaho Code / Title 19 / Chapter 32 / Section 19-3207
19-3207 INTERROGATORIES, HOW SETTLED AND ALLOWED.
Status: in_force

19-3207. Interrogatories, how settled and allowed. When the commission is ordered, the defendant must serve upon the prosecuting attorney, without delay, a copy of the interrogatories to be annexed thereto, with two days' notice of the time at which they will be presented to the court or judge. The prosecuting attorney may, in like manner serve upon the defendant or his counsel cross-interrogatories, to be annexed to the commission, with the like notice. In the interrogatories either party may insert any questions pertinent to the issue. When the interrogatories and cross-interrogatories are presented to the court or judge, according to the notice given, the court or judge must modify the questions so as to conform them to the rules of evidence, and must endorse upon them his allowance and annex them to the commission.

History:

[(19-3207) Cr. Prac. 1864, secs. 557, 560, p. 281; R.S., R.C., & C.L., sec. 8182; C.S., sec. 9158; I.C.A., sec. 19-3107.]
Idaho Code § 19-2202 — Idaho Code / Title 19 / Chapter 22 / Section 19-2202
19-2202 PROVISION OF FOOD AND LODGING FOR JURY.
Status: in_force

19-2202. Provision of food and lodging for jury. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they must be provided by the sheriff, at the expense of the county, with suitable and sufficient food and lodging.

History:

[(19-2202) Cr. Prac. 1864, sec. 391, p. 260; R.S., R.C., & C.L., sec. 7901; C.S., sec. 8977; I.C.A., sec. 19-2102.]
Idaho Code § 19-2029 — Idaho Code / Title 19 / Chapter 20 / Section 19-2029
19-2029 ORDER OF CHALLENGES FOR CAUSE.
Status: in_force

19-2029. Order of challenges for cause. The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class:

1. To the panel.

2. To an individual juror, for a general disqualification.

3. To an individual juror, for an implied bias.

4. To an individual juror, for an actual bias.

History:

[(19-2029) Cr. Prac. 1864, sec. 352, p. 254; R.S., R.C., & C.L., sec. 7847; C.S., sec. 8939; I.C.A., sec. 19-1929.]
Idaho Code § 19-3803 — Idaho Code / Title 19 / Chapter 38 / Section 19-3803
19-3803 DELIVERY TO OWNER.
Status: in_force

19-3803. Delivery to owner. If property stolen or embezzled comes into custody of the magistrate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.

History:

[(19-3803) Cr. Prac. 1864, sec. 591, p. 286; R.S., R.C., & C.L., sec. 8240; C.S., sec. 9194; I.C.A., sec. 19-3703.]
Idaho Code § 19-1716 — Idaho Code / Title 19 / Chapter 17 / Section 19-1716
19-1716 EVIDENCE ADMISSIBLE UNDER PLEA OF NOT GUILTY.
Status: in_force

19-1716. Evidence admissible under plea of not guilty. All matters of fact tending to establish a defense other than former conviction or acquittal, or once in jeopardy, may be given in evidence under the plea of not guilty.

History:

[(19-1716) Cr. Prac. 1864, sec. 300, p. 249; R.S., R.C., & C.L., sec. 7759; C.S., sec. 8883; I.C.A., sec. 19-1616.]
Idaho Code § 19-2518 — Idaho Code / Title 19 / Chapter 25 / Section 19-2518
19-2518 LIEN OF JUDGMENT FOR FINE.
Status: in_force

19-2518. Lien of judgment for fine. A judgment that the defendant pay a fine, pay costs, or pay fine and costs, constitutes a lien in like manner as a judgment for money in a civil action.

History:

[(19-2518) Cr. Prac. 1864, sec. 448, p. 267; R.S., sec. 7995; 1899, p. 379; sec. 2; reen. R.C. & C.L., sec. 7995; C.S., sec. 9039; I.C.A., sec. 19-2418.]
Idaho Code § 19-3106 — Idaho Code / Title 19 / Chapter 31 / Section 19-3106
19-3106 PROCEEDINGS IN ABSENCE OF COUNTY ATTORNEY.
Status: in_force

19-3106. Proceedings in absence of county attorney. The order must direct that the examination be taken before a magistrate named therein, and on proof being furnished to such magistrate of service upon the prosecuting attorney of a copy of the order, if no counsel appear on the part of the people, the examination must proceed.

History:

[(19-3106) R.S., R.C., & C.L., sec. 8165; C.S., sec. 9145; I.C.A., sec. 19-3006.]
Idaho Code § 19-4221 — Idaho Code / Title 19 / Chapter 42 / Section 19-4221
19-4221 SUCCESSIVE CLAIMS.
Status: in_force

19-4221. Successive claims. In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding if the prisoner has, on two (2) or more prior occasions, while incarcerated or detained in any state, local or private correctional facility, brought an action or appeal in a court of this state that was dismissed on any ground set forth in section 19-4209(1)(a) through (d), Idaho Code, unless:

(1) The prisoner first obtains leave from the district court having jurisdiction over the case; or

(2) The prisoner's action or petition is submitted for filing by an attorney licensed to practice law in the state of Idaho.

History:

[19-4221, added 1999, ch. 376, sec. 2, p. 1034; am. 2000, ch. 271, sec. 13, p. 785.]
Idaho Code § 19-2022 — Idaho Code / Title 19 / Chapter 20 / Section 19-2022
19-2022 CHALLENGE FOR BIAS — HOW STATED.
Status: in_force

19-2022. Challenge for bias — How stated. In a challenge for implied bias, one or more of the legal causes must be alleged. In a challenge for actual bias, it must be alleged that the juror is biased against the party challenged. In either case the challenge may be oral, but must be entered on the minutes of the court.

History:

[(19-2022) Cr. Prac. 1864, sec. 341, p. 253; R.S., R.C., & C.L., sec. 7836; C.S., sec. 8932; I.C.A., sec. 19-1922.]
Idaho Code § 19-1908 — Idaho Code / Title 19 / Chapter 19 / Section 19-1908
19-1908 TIME TO PREPARE FOR TRIAL.
Status: in_force

19-1908. Time to prepare for trial. After his plea the defendant is entitled to at least two (2) days to prepare for trial.

History:

[(19-1908) Cr. Prac. 1864, sec. 316, p. 250; R.S., R.C., & C.L., sec. 7790; C.S., sec. 8909; I.C.A., sec. 19-1808.]
Idaho Code § 19-2502 — Idaho Code / Title 19 / Chapter 25 / Section 19-2502
19-2502 DETERMINATION OF DEGREE OF CRIME.
Status: in_force

19-2502. Determination of degree of crime. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree.

History:

[(19-2502) R.S., R.C., & C.L., sec. 7981; C.S., sec. 9024; I.C.A., sec. 19-2402.]
Idaho Code § 19-5707 — Idaho Code / Title 19 / Chapter 57 / Section 19-5707
19-5707 IMMUNITY FROM LIABILITY.
Status: in_force

19-5707. Immunity from liability. Neither a governmental entity nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this act.

History:

[19-5707, added 2008, ch. 232, sec. 1, p. 705.]
Idaho Code § 19-3902 — Idaho Code / Title 19 / Chapter 39 / Section 19-3902
19-3902 CORRECTION OF DEFECTIVE COMPLAINT.
Status: in_force

19-3902. Correction of defective complaint. Whenever it shall appear to the prosecuting attorney of any county of this state that any criminal complaint filed in any justice or probate court is defective or void, the said prosecuting attorney shall have the right to substitute a new complaint, and the defendant or defendants shall not be considered to have been placed in jeopardy by any proceedings previous to the filing of the said new complaint: provided, that said prosecuting attorney shall file said complaint before the case for the prosecution has been closed.

History:

[(19-3902) 1907, p. 110, sec. 1; reen. R.C. & C.L., sec. 8280a; C.S., sec. 9228; I.C.A., sec. 19-4002.]
Idaho Code § 19-211 — Idaho Code / Title 19 / Chapter 2 / Section 19-211
19-211 SECURITY TO KEEP THE PEACE.
Status: in_force

19-211. Security to keep the peace. If, however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such sum, not exceeding $5,000, as the magistrate may direct, with one or more sufficient sureties, to keep the peace towards the people of this state, and particularly towards the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required.

History:

[(19-211) Cr. Prac. 1864, sec. 24, p. 216; R.S., R.C., & C.L., sec. 7385; C.S., sec. 8635; I.C.A., sec. 19-211.]
Idaho Code § 19-1501 — Idaho Code / Title 19 / Chapter 15 / Section 19-1501
19-1501 PLACE OF ARRAIGNMENT.
Status: in_force

19-1501. Place of arraignment. When the indictment is filed, the defendant must be arraigned thereon before the court in which it is found.

History:

[(19-1501) Cr. Prac. 1864, sec. 254, p. 244; R.S., R.C., & C.L., sec. 7710; C.S., sec. 8847; I.C.A., sec. 19-1401.]
Idaho Code § 19-3208 — Idaho Code / Title 19 / Chapter 32 / Section 19-3208
19-3208 DIRECTION AS TO RETURN.
Status: in_force

19-3208. Direction as to return. Unless the parties otherwise consent, by an endorsement upon the commission, the court or judge must endorse thereon a direction as to the manner in which it must be returned, and may, in his discretion, direct that it be returned by mail or otherwise, addressed to the clerk of the court in which the action is pending, designating his name and the place where his office is kept.

History:

[(19-3208) Cr. Prac. 1864, sec. 561, p. 281; R.S., R.C., & C.L., sec. 8183; C.S., sec. 9159; I.C.A., sec. 19-3108.]
Idaho Code § 19-3205 — Idaho Code / Title 19 / Chapter 32 / Section 19-3205
19-3205 MAKING OF APPLICATION.
Status: in_force

19-3205. Making of application. The application may be made to the court during the term, or to the judge in vacation, and must be upon three (3) days' notice to the prosecuting attorney.

History:

[(19-3205) Cr. Prac. 1864, sec. 554, p. 281; R.S., R.C., & C.L., sec. 8180; C.S., sec. 9156; I.C.A., sec. 19-3105.]
Idaho Code § 19-6101 — Idaho Code / Title 19 / Chapter 61 / Section 19-6101
19-6101 DEFINITIONS.
Status: in_force

19-6101. DEFINITIONS. As used in this chapter:

(1) "Peace officer" means any employee of a police or law enforcement agency that is a part of, or administered by, the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic, or highway laws of this state or any political subdivision. Peace officer also means an employee of a police or law enforcement agency of a federally recognized Indian tribe who has satisfactorily completed the peace officer standards and training academy and has been deputized by a sheriff of a county or a chief of police of a city of the state of Idaho.

(2) "Policy" means a formal, written rule, order, ordinance, or policy and an informal, unwritten policy.

(3) "Political subdivision" means any county, city, municipal corporation, health district, school district, irrigation district, operating agent of any irrigation district whose board consists of directors of its member districts, special improvement or taxing district, or any other political subdivision or public corporation. As used in this chapter, "county" and "city" also mean state-licensed hospitals and attached nursing homes established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.

(4) "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality thereof.

History:

[(19-6101) 19-6001, added 2023, ch. 263, sec. 1, p. 788; am. and redesig. 2024, ch. 16, sec. 4, p. 136.]
Idaho Code § 19-2115 — Idaho Code / Title 19 / Chapter 21 / Section 19-2115
19-2115 ABORTION AND ABDUCTION — CORROBORATING TESTIMONY.
Status: in_force

19-2115. Abortion and abduction — Corroborating testimony. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of eighteen (18) years, for the purpose of prostitution, or aiding or assisting therein, the defendant cannot be convicted upon the testimony of the woman upon or withwhom the offense was committed, unless she is corroborated by other evidence.

History:

[(19-2115) R.S., R.C., & C.L., sec. 7869; C.S., sec. 8955; I.C.A., sec. 19-2015.]
Idaho Code § 19-2122 — Idaho Code / Title 19 / Chapter 21 / Section 19-2122
19-2122 PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT.
Status: in_force

19-2122. Procedure upon discharge of jury for insufficiency of indictment. If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged; or if admitted to bail, that his bail be exonerated; or if he has deposited money instead of bail, that the money be refunded to him, unless in its opinion a new indictment can be framed upon which the defendant can be legally convicted, in which case it may direct that the case be submitted to the same or another grand jury.

History:

[(19-2122) Cr. Prac. 1864, sec. 373, p. 257; R.S., R.C., & C.L., sec. 7876; C.S., sec. 8962; I.C.A., sec. 19-2022.]
Idaho Code § 19-6003 — Idaho Code / Title 19 / Chapter 60 / Section 19-6003
19-6003 OFFICE OF THE STATE PUBLIC DEFENDER CREATED.
Status: in_force

19-6003. office of THE state public defender created. The office of the state public defender is hereby created in the department of self-governing agencies.

History:

[19-6003, added 2023, ch. 220, sec. 1, p. 662.]
Idaho Code § 19-5705 — Idaho Code / Title 19 / Chapter 57 / Section 19-5705
19-5705 USE OF DESIGNATED ADDRESS.
Status: in_force

19-5705. Use of designated address. (1) A program participant may request that state and local agencies use the address designated by the secretary of state as his or her address. When creating a new public record, state and local agencies shall accept the address designated by the secretary of state as a program participant's substitute address, unless the agency shows that:

(a) The agency has a bona fide statutory or administrative requirement for the use of a program participant's address which would otherwise be confidential under this chapter;

(b) The program participant's address will be used only for those statutory and administrative purposes; and

(c) The agency takes reasonable precautions to protect the confidentiality of the program participant.

(2) A program participant may use the address designated by the secretary of state as his or her work address.

(3) The office of the secretary of state shall forward all first class priority and other mail as deemed necessary by the secretary of state to the appropriate program participant.

History:

[19-5705, added 2008, ch. 232, sec. 1, p. 705; am. 2018, ch. 112, sec. 4, p. 229.]
Idaho Code § 19-2524 — Idaho Code / Title 19 / Chapter 25 / Section 19-2524
19-2524 CONSIDERATION OF COMMUNITY-BASED TREATMENT TO MEET BEHAVIORAL HEALTH NEEDS IN SENTENCING AND POST-SENTENCING PROCEEDINGS.
Status: in_force

19-2524. consideration of community-based treatment to meet behavioral health needs in sentencing and post-sentencing proceedings. (1) After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when and as provided by this section.

(a) As part of the presentence process, a screening to determine whether a defendant is in need of a substance use disorder assessment and/or a mental health examination shall be made in every felony case unless the court waives the requirement for a screening. The screening shall be performed within seven (7) days after the plea of guilty or finding of guilt.

(b) At any time after sentencing while the court exercises jurisdiction over the defendant, the court may order such a screening to be performed by individuals authorized or approved by the department of correction if the court determines that one is indicated. The screening shall be performed within seven (7) days after the order of the court requiring such screening.

(2) Substance use disorder provisions.

(a) Should a screening indicate the need for further assessment of a substance use disorder, the necessary assessment shall be timely performed so as to avoid any unnecessary delay in the criminal proceeding and not later than thirty-five (35) days after a plea of guilty or finding of guilt or other order of the court requiring such screening. The assessment may be performed by qualified employees of the department of correction or by private providers approved by the department of health and welfare. If the screening or assessment is not timely completed, the court may order that the screening be performed by another qualified provider.

(b) Following completion of the assessment, the results of the assessment, including a determination of whether the defendant meets diagnostic criteria for a substance use disorder and the recommended level of care, shall be submitted to the court as part of the presentence investigation report or other department of correction report to the court.

(c) Following the entry of a plea of guilty or a finding of guilt, the court may order, as a condition of the defendant's continued release on bail or on the defendant's own recognizance, that, if the assessment reflects that the defendant meets diagnostic criteria for a substance use disorder, the defendant shall promptly, and prior to sentencing, begin treatment at the recommended level of care.

(d) If the court concludes at sentencing, or at any time after sentencing while the court exercises jurisdiction over the defendant, that the defendant meets diagnostic criteria for a substance use disorder, and if the court places the defendant on probation, the court may order the defendant, as a condition of probation, to undergo treatment at the recommended level of care, subject to modification of the level of care by the court. If substance use disorder treatment is ordered, all treatment shall be performed by a qualified private provider approved by the department of health and welfare. The court may order that, if the level of care placement or the treatment plan is modified in any material term, the department of correction shall notify the court stating the reason for the modifications and informing the court as to the clinical alternatives available to the defendant. The level of care for substance use treatment shall be based on each probationer's risk assessment with priority given to probationers with high or moderate risk levels.

(e) In no event shall the persons or facility doing the substance use assessment be the person or facility that provides the substance use treatment unless this requirement is waived by the court or where the assessment and treatment are provided by or through a federally recognized Indian tribe or federal military installation where diagnosis and treatment are appropriate and available.

(f) Defendants who have completed department of correction institutional programs may receive aftercare services from qualified employees of the department of correction.

(g) The expenses of all screenings and assessments for substance use disorder provided or ordered pursuant to this section shall be borne by the department of correction. The expenses for treatment provided or ordered pursuant to this section shall be borne by the department of correction unless the defendant is placed in a treatment program that is funded by an alternate source. The department of correction shall be entitled to any payment received by the defendant or to which he may be entitled from any public or private source available to the department of correction for the service provided to the defendant. The department of correction may promulgate rules for a schedule of fees to be charged to the defendant for the substance use disorder assessments and treatments provided to the defendant based on the actual costs of such services and the ability of the defendant to pay. The department of correction shall determine costs pursuant to section 39-3140, Idaho Code.

(3) Mental health provisions.

(a) Should the mental health screening indicate that a serious mental illness may be present, then the department of correction shall refer the defendant to the department of health and welfare for further examination. The examination shall be timely performed so as to avoid any unnecessary delay in the criminal proceeding and not later than thirty-five (35) days after a plea of guilty or finding of guilt or other order of the court requiring such screening.

(b) The examination may be performed by qualified department of health and welfare employees or by private providers under contract with the department of health and welfare, provided that such examination shall at a minimum include an in-depth evaluation of the following:

(i) Mental health concerns;

(ii) Psychosocial risk factors;

(iii) Medical, psychiatric, developmental and other relevant history;

(iv) Functional impairments;

(v) Mental status examination;

(vi) Multiaxial diagnoses; and

(vii) Any other examinations necessary to provide the court with the information set forth in paragraph (c) of this subsection.

(c) Upon completion of the mental health examination, the court shall be provided, as part of the presentence report or other department of health and welfare report to the court, a copy of the mental health assessment along with a summary report. The summary report shall include the following:

(i) Description and nature of the examination;

(ii) Multiaxial diagnoses;

(iii) Description of the defendant's diagnosis and if the defendant suffers from a serious mental illness (SMI) as that term is now defined, or is hereafter amended, in IDAPA 16.07.33.011, to also include post-traumatic stress disorder;

(iv) An analysis of the degree of impairment due to the defendant's diagnosis;

(v) Consideration of the risk of danger the defendant may create for the public; and

(vi) If the defendant suffers from a serious mental illness, the report shall also include a plan of treatment that addresses the following:

1. An analysis of the relative risks and benefits of treatment versus nontreatment;

2. Types of treatment appropriate for the defendant; and

3. Beneficial services to be provided.

(d) If the court, after receiving a mental health examination and plan of treatment, determines that additional information is needed regarding the mental condition of the defendant or the risk of danger such condition may create for the public, the court may order additional evaluations and/or recommendations for treatment to be furnished by a psychiatrist, licensed physician or licensed psychologist.

(e) If the court concludes that the defendant suffers from a serious mental illness as defined in paragraph (c)(iii) of this subsection and that treatment is available for such serious mental illness, then the court may order, as a condition of the defendant's release on bail or on the defendant's own recognizance or as a condition of probation, that the defendant undergo treatment consistent with the plan of treatment, subject to modification of the plan of treatment by the court. If the plan of treatment is modified in any material term, the department of health and welfare shall notify the court in a timely manner stating the reasons for the modification and informing the court as to the clinical alternatives available to the defendant.

(f) If treatment is ordered, all treatment shall be performed by a provider approved by the department of health and welfare.

(g) Mental health examinations and/or treatment provided or ordered pursuant to this section shall be secured by the department of health and welfare. The department of health and welfare shall exhaust efforts to assist the defendant in gaining access to health care benefits that will cover the defendant's mental health treatment needs. To the extent that health care benefits are not available to the defendant for the treatment, the expenses for treatment shall be borne by the department of health and welfare. The expenses of all mental health examinations provided or ordered under this section shall be borne by the department of health and welfare. The department of health and welfare shall be entitled to any payment received by the defendant or to which he may be entitled from any public or private source available to the department of health and welfare for the service provided to the defendant. The department of health and welfare shall determine costs pursuant to section 39-3140, Idaho Code. The defendant shall pay the fee for the mental health examinations and treatments consistent with the rules of the department of health and welfare.

(4) Unless otherwise ordered by the court, if the defendant is in treatment for a substance use disorder or mental illness, any substance use disorder assessment required pursuant to subsection (2) of this section or mental health examination required pursuant to subsection (3) of this section need not be performed while the defendant is in such treatment. In such circumstances, the court may make such order as it finds appropriate to facilitate the completion of the sentencing process or other proceeding before the court, including providing for the assessment and treatment records to be included in the presentence investigation report or other report to the court.

(5) Any substance use disorder assessment including any recommended level of care or mental health examination including any plan of treatment shall be delivered to the court, the defendant and the prosecuting attorney prior to any sentencing hearing or probation revocation hearing.

(6) A substance use disorder assessment prepared pursuant to the provisions of this section shall satisfy the requirement of an alcohol evaluation prior to sentencing set forth in section 18-8005(11), Idaho Code, and shall also satisfy the requirement of a substance abuse evaluation prior to sentencing set forth in section 37-2738, Idaho Code.

(7) If the defendant is sentenced to the custody of the board of correction, then any substance use disorder assessment, mental health examination or plan of treatment shall be sent to the department of correction along with the presentence report.

History:

[19-2524, added 2007, ch. 310, sec. 1, p. 875; am. 2012, ch. 225, sec. 2, p. 612; am. 2012, ch. 225, sec. 3, p. 614; am. 2014, ch. 150, sec. 3, p. 415; am. 2020, ch. 82, sec. 12, p. 185; am. 2025, ch. 110, sec. 7, p. 578.]
Idaho Code § 19-2708 — Idaho Code / Title 19 / Chapter 27 / Section 19-2708
19-2708 SUSPENSION OF JUDGMENT OF DEATH.
Status: in_force

19-2708. Suspension of judgment of death. No judge, court or officer, can suspend the execution of a judgment of death, except as provided in sections 19-2715 and 19-2719, Idaho Code.

History:

[(19-2708) Cr. Prac. 1864, sec. 456, p. 268; R.S., R.C., & C.L., sec. 8012; C.S., sec. 9055; I.C.A., sec. 19-2608; am. 1984, ch. 159, sec. 4, p. 387.]
Idaho Code § 19-3018 — Idaho Code / Title 19 / Chapter 30 / Section 19-3018
19-3018 PRISONER FROM ANOTHER STATE SUMMONED TO TESTIFY IN THIS STATE.
Status: in_force

19-3018. Prisoner from another state summoned to testify in this state. If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in the other state may be a material witness in a proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate will be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.

History:

[19-3018, added 1959, ch. 10, sec. 6, p. 25.]
Idaho Code § 19-203 — Idaho Code / Title 19 / Chapter 2 / Section 19-203
19-203 RESISTANCE BY OTHER PARTIES.
Status: in_force

19-203. Resistance by other parties. Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

History:

[19-203, added 1972, ch. 336, sec. 3, p. 983.]
Idaho Code § 19-2030 — Idaho Code / Title 19 / Chapter 20 / Section 19-2030
19-2030 ALTERATION OF PEREMPTORY CHALLENGES.
Status: in_force

19-2030. Alteration of peremptory challenges. After the jury is passed for cause, both parties alternately, beginning with the people, may take their peremptory challenges. But no challenge is lost by failure to alternate if the panel is opened by the other party; and each party is entitled to a full panel before exercising a peremptory challenge. Provided, however, in the discretion of the court, the number of jurors who will hear the case, plus a number of jurors representing the total number of possible peremptory challenges, may be called and examined for cause before the parties begin to exercise their peremptory challenges.

History:

[(19-2030) Cr. Prac. 1864, sec. 353, p. 254; R.S., R.C., & C.L., sec. 7848; C.S., sec. 8940; I.C.A., sec. 19-1930; am. 1986, ch. 202, sec. 1, p. 505.]
Idaho Code § 19-816 — Idaho Code / Title 19 / Chapter 8 / Section 19-816
19-816 OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT.
Status: in_force

19-816. Offenses not bailable — Endorsement on commitment. If the offense is not bailable the following words must be added to the commitment required by section 19-818: "and he is hereby committed to the sheriff of the county of ….."

History:

[(19-816) Cr. Prac. 1864, sec. 161, p. 232; R.S., R.C., & C.L., sec. 7580; C.S., sec. 8758; I.C.A., sec. 19-716; am. 1969, ch. 467, sec. 10, p. 1339.]
Idaho Code § 19-3507 — Idaho Code / Title 19 / Chapter 35 / Section 19-3507
19-3507 DIVERSION PROGRAMS — LEGISLATIVE INTENT.
Status: in_force

19-3507. diversion programs — legislative intent. (1) For purposes of this section and sections 19-3508 and 19-3509, Idaho Code, "diversion program" means the use of local community resources, churches, substance abuse counseling, informal probation, community service work, voluntary restitution, or other available services or programs as an alternative to adjudication of a criminal case in court.

(2) It is the intent of the legislature and the policy of the state of Idaho that a diversion program created pursuant to sections 19-3508 and 19-3509, Idaho Code, should:

(a) Provide an opportunity to incorporate statistics and empirical research into decision-making in the criminal justice system in a way that enhances public safety and reduces recidivism, while also saving taxpayer dollars;

(b) Provide individuals with the opportunity to rectify criminal conduct through early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by such individuals; and

(c) Provide an alternative to the imposition of criminal sanctions when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct.

History:

[19-3507, added 2019, ch. 305, sec. 7, p. 912.]
Idaho Code § 19-1003 — Idaho Code / Title 19 / Chapter 10 / Section 19-1003
19-1003 GROUNDS FOR CHALLENGE TO INDIVIDUAL JURORS.
Status: in_force

19-1003. Grounds for challenge to individual jurors. A challenge to an individual grand juror may be interposed for one or more of the following causes:

1. That he is a minor.

2. That he is an alien.

3. That he is insane.

4. That he is a prosecutor upon a charge against the defendant.

5. That he is a witness on the part of the prosecution, and has been served with process or bound by an undertaking as such.

6. That he has formed or expressed an unqualified opinion or belief that the defendant is guilty or not guilty of the offense charged; but a hypothetical opinion, founded on hearsay or information supposed to be true, unaccompanied with malice or ill will, shall not disqualify a grand juror or be a cause of challenge.

7. That a state of mind exists on his part in reference to the case, or to either party, which satisfies the court that he cannot act impartially and without prejudice to the substantial rights of the party challenging.

History:

[(19-1003) Cr. Prac. 1864, sec. 179, 235; R.S., R.C., & C.L., sec. 7609; C.S., sec. 8773; I.C.A., sec. 19-903.]
Idaho Code § 19-4207 — Idaho Code / Title 19 / Chapter 42 / Section 19-4207
19-4207 APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER.
Status: in_force

19-4207. Application for writ of habeas corpus on behalf of another. [effective until January 1, 2027] A petition for writ of habeas corpus may only be filed by a person described in section 19-4203, Idaho Code, or his attorney, except that a petition may be filed on behalf of an aggrieved person who is a minor, or on behalf of a person who is incapacitated as defined by section 15-5-101, Idaho Code, by the aggrieved person's legal guardian.

19-4207. Application for writ of habeas corpus on behalf of another. [effective January 1, 2027] A petition for writ of habeas corpus may only be filed by a person described in section 19-4203, Idaho Code, or his attorney, except that a petition may be filed on behalf of an aggrieved person who is a minor, or on behalf of a person who is incapacitated as defined by section 15-1-201, Idaho Code, by the aggrieved person's legal guardian.

History:

[19-4207, added 1999, ch. 376, sec. 2, p. 1029; am. 2026, ch. 79, sec. 20, p. 413.]
Idaho Code § 19-3001 — Idaho Code / Title 19 / Chapter 30 / Section 19-3001
19-3001 RULES FOR DETERMINING COMPETENCY.
Status: in_force

19-3001. Rules for determining competency. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this code.

History:

[(19-3001) R.S., R.C., & C.L., sec. 8141; C.S., sec. 9129; I.C.A., sec. 19-2901.]
Idaho Code § 19-2313 — Idaho Code / Title 19 / Chapter 23 / Section 19-2313
19-2313 VERDICT AGAINST JOINT DEFENDANTS.
Status: in_force

19-2313. Verdict against joint defendants. On an indictment against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the others may be tried by another jury.

History:

[(19-2313) Cr. Prac. 1864, sec. 412, p. 262; R.S., R.C., & C.L., sec. 7927; C.S., sec. 8998; I.C.A., sec. 19-2213.]
Idaho Code § 19-3023 — Idaho Code / Title 19 / Chapter 30 / Section 19-3023
19-3023 CHILD SUMMONED AS WITNESS.
Status: in_force

19-3023. Child summoned as witness. (1) When a child is summoned as a witness in any hearing in any criminal matter, including any preliminary hearing, notwithstanding any other statutory provision, parents, a counselor, friend or other person having a supportive relationship with the child, or a facility dog, shall be allowed to remain in the courtroom at the witness stand with the child during the child's testimony unless in written findings made and entered, the court finds that the defendant's constitutional right to a fair trial will be unduly prejudiced.

(2) When a child is summoned as a witness in any hearing in a noncriminal matter that involves the abuse, neglect or abandonment of the child, including any preliminary hearing, notwithstanding any other statutory provision, a facility dog shall be allowed to remain in the courtroom at the witness stand with the child during the child's testimony.

(3) For purposes of this section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of assistance dogs international or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training and placement.

History:

[19-3023, added 1983, ch. 206, sec. 1, p. 560; am. 1989, ch. 48, sec. 1, p. 60; am. 2017, ch. 176, sec. 1, p. 407.]
Idaho Code § 19-6008 — Idaho Code / Title 19 / Chapter 60 / Section 19-6008
19-6008 INDIGENT PUBLIC DEFENSE — ROLE OF COUNTIES.
Status: in_force

19-6008. INDIGENT PUBLIC DEFENSE — role of counties. (1) All counties are released from any further financial or legal obligation to provide indigent public defense. On and after such date, the state assumes the full financial and legal obligation to provide indigent public defense required by the sixth amendment to the United States constitution and section 13, article I of the constitution of the state of Idaho.

(2) This release of financial and legal obligation to provide indigent public defense includes the release of any requirement for counties: to employ or contract with defending attorneys, investigators, social workers, legal assistants, or other personnel necessary to provide indigent public defense; to provide office furnishings, equipment, office materials, or office supplies; to provide information technology equipment, information technology software, communication equipment, communication software, equipment, or software licenses or subscriptions; to provide general office technology or equipment; or to assume any other expense necessary for indigent defense services on and after October 1, 2024.

(3) Notwithstanding the provisions of this section, any county providing office space to a county office of public defense or a joint county office of public defense as of January 1, 2023, shall continue to make available the same or substantially similar office space for the use of the office of the state public defender until July 1, 2029, provided that:

(a) Not later than January 1, 2027, the state public defender must provide to the board of county commissioners of any county providing office space to the office of the state public defender a facility transition plan outlining the state public defender's intent to either procure other office space to house defending attorneys or enter into a contract with the board of county commissioners to lease office space from the board of county commissioners necessary to house defending attorneys;

(b) Nothing in this section shall be construed to obligate a board of county commissioners to provide office space to the office of the state public defender on and after July 1, 2029;

(c) Nothing in this section shall prohibit the state public defender from notifying a board of county commissioners that provides office space to the office of the state public defender that the state public defender no longer needs part or all of the space obligated by this section prior to July 1, 2029. Such notice shall relieve the county board of commissioners of the obligation to provide office space to the office of the state public defender; and

(d) Notwithstanding the provisions of this section, each county must continue providing interviewing facilities in the county jail necessary for carrying out the state public defender's responsibilities in law.

(4) The state public defender shall reimburse a board of county commissioners for any expenses incurred in providing such office space, including but not limited to office furnishings, equipment, office materials, or office supplies; information technology equipment, information technology software, communication equipment, communication software, equipment, or software licenses or subscriptions; or general office technology or equipment or related expenses. Provided however, that counties providing such office space shall be responsible for costs related to office utilities, office cleaning, building maintenance, snow removal, and repair and replacement costs due to reasonable use of the office space. The board of county commissioners and the state public defender shall annually enter into a memorandum of understanding regarding the use of such office space.

History:

[19-6008, added 2023, ch. 220, sec. 1, p. 665; am. 2025, ch. 329, sec. 6, p. 1358.]
Idaho Code § 19-605 — Idaho Code / Title 19 / Chapter 6 / Section 19-605
19-605 MAGISTRATE MAY ORDER ARREST.
Status: in_force

19-605. Magistrate may order arrest. A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such magistrate.

History:

[(19-605) Cr. Prac. 1864, sec. 136, p. 229; R.S., R.C., & C.L., sec. 7542; C.S., sec. 8728; I.C.A., sec. 19-605.]
Idaho Code § 19-210 — Idaho Code / Title 19 / Chapter 2 / Section 19-210
19-210 DISCHARGE OF ACCUSED.
Status: in_force

19-210. Discharge of accused. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person complained of must be discharged.

History:

[(19-210) Cr. Prac. 1864, sec. 23, p. 216; R.S., R.C., & C.L., sec. 7384; C.S., sec. 8634; I.C.A., sec. 19-210.]
Idaho Code § 19-4014 — Idaho Code / Title 19 / Chapter 40 / Section 19-4014
19-4014 JUDGMENT OF SUSPENSION.
Status: in_force

19-4014. Judgment of suspension. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.

History:

[(19-4014) Cr. Prac. 1864, sec. 64, p. 221; R.S., R.C., & C.L., sec. 7438; C.S., sec. 8667; I.C.A., sec. 19-4114.]
Idaho Code § 19-2406 — Idaho Code / Title 19 / Chapter 24 / Section 19-2406
19-2406 GROUNDS FOR NEW TRIAL.
Status: in_force

19-2406. Grounds for new trial. When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases only:

1. When the trial has been had in his absence, if the indictment is for a felony.

2. When the jury has received any evidence out of court other than that resulting from a view of the premises.

3. When the jury has separated without leave of the court after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented.

4. When the verdict has been decided by lot or by any means other than a fair expression of opinion on the part of all the jurors.

5. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial.

6. When the verdict is contrary to law or evidence.

7. When new evidence is discovered material to the defendant, and which he could not with reasonable diligence have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly-discovered evidence, the defendant must produce at the hearing in support thereof the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable.

History:

[(19-2406) 1874, p. 363, sec. 424; R.S., R.C., & C.L., sec. 7952; C.S., sec. 9017; I.C.A., sec. 19-2307.]
Idaho Code § 19-110 — Idaho Code / Title 19 / Chapter 1 / Section 19-110
19-110 EXPEDITION OF COURT PROCEEDINGS.
Status: in_force

19-110. Expedition of court proceedings. In all criminal cases and juvenile fact finding hearings that involve a child victim or witness, the court and the prosecuting attorney shall take all appropriate actions to ensure a speedy trial in order to minimize the length of time the child must endure the stress of his or her involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of any proceeding, the court shall consider and give weight to any adverse impact that the requested delay or continuance may have on the well-being of a child victim or witness, and findings of fact shall be made on this issue.

History:

[19-110, added 1989, ch. 303, sec. 1, p. 758.]
Idaho Code § 19-818 — Idaho Code / Title 19 / Chapter 8 / Section 19-818
19-818 ORDER OF COMMITMENT.
Status: in_force

19-818. Order of commitment. If the magistrate order the defendant to be committed he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who must deliver the defendant into the proper custody, together with the commitment.

History:

[(19-818) Cr. Prac. 1864, sec. 164, p. 233; R.S., R.C., & C.L., sec. 7582; C.S., sec. 8760; I.C.A., sec. 19-718.]
Idaho Code § 19-4513 — Idaho Code / Title 19 / Chapter 45 / Section 19-4513
19-4513 ARREST PRIOR TO REQUISITION.
Status: in_force

19-4513. Arrest prior to requisition. (1) Except in cases arising under section 19-4506, Idaho Code, a judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge or magistrate which may be available in or of convenient access to the place where the arrest may be made, to answer to the charge or complaint and affidavit:

(a) Whenever any person within this state is charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and has fled from justice, or has been convicted of a crime in that state and has escaped from confinement, or has broken the terms of his bail, probation or parole; or

(b) Whenever complaint is made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime and has fled from justice, or has been convicted of a crime in that state and has escaped from confinement, or has broken the terms of his bail, probation or parole and is believed to be in this state.

(2) A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

History:

[19-4513, added 2008, ch. 136, sec. 13, p. 389.]
Idaho Code § 19-2601B — Idaho Code / Title 19 / Chapter 26 / Section 19-2601B
19-2601B ADVISEMENT TO FELONY PROBATIONERS REGARDING CONDITIONS OF PROBATION.
Status: in_force

19-2601B. ADVISEMENT TO felony PROBATIONERS REGARDING CONDITIONS OF PROBATION. (1) Any person ordered to felony probation pursuant to this chapter 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.

(2) The court shall provide such notice at the time of sentencing and shall condition probation on the terms as provided in this section and any other terms the court deems necessary.

(3) The defendant shall agree to the terms of probation as described in this section and any other terms deemed by the court and shall acknowledge acceptance in writing. If the defendant fails to agree and accept said terms, he shall be ineligible to be placed on probation.

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

History:

[19-2601B, added 2025, ch. 140, sec. 1, p. 711.]
Idaho Code § 19-2318 — Idaho Code / Title 19 / Chapter 23 / Section 19-2318
19-2318 DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL.
Status: in_force

19-2318. Discharge or detention of defendant on acquittal. If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given, except where the acquittal is because of a variance between the proof and the indictment, which may be obviated by a new indictment, the court may order his detention to the end that a new indictment may be preferred, in the same manner and with like effect as provided in case where the indictment does not state a public offense.

History:

[(19-2318) Cr. Prac. 1864, sec. 418, p. 263; R.S., R.C., & C.L., sec. 7932; C.S., sec. 9003; I.C.A., sec. 19-2218.]
Idaho Code § 19-4310 — Idaho Code / Title 19 / Chapter 43 / Section 19-4310
19-4310 SERVICE OF WARRANT.
Status: in_force

19-4310. Service of warrant. The coroner's warrant may be served in any county, and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information before a magistrate; when served in another county it need not be indorsed by a magistrate of that county.

History:

[(19-4310) 1863, p. 475, sec. 144; R.S., R.C., & C.L., sec. 8386; C.S., sec. 9318; I.C.A., sec. 19-4410.]
Idaho Code § 19-2917 — Idaho Code / Title 19 / Chapter 29 / Section 19-2917
19-2917 MOTION TO SET ASIDE FORFEITURE.
Status: in_force

19-2917. motion to set aside forfeiture. Pursuant to a motion filed within one hundred eighty (180) days after an order of forfeiture as provided in section 19-2915, Idaho Code, the court that ordered forfeiture may direct that the order of forfeiture be set aside, in whole or in part, upon such conditions as the court may impose, as provided by rules adopted by the supreme court, if it appears that justice so requires. If the court sets aside the order of forfeiture, then it may:

(1) Reinstate the bail;

(2) Exonerate the bail;

(3) Recommit the defendant to the custody of the sheriff and set new bail; or

(4) Release the defendant on his own recognizance.

History:

[19-2917, added 2009, ch. 90, sec. 2, p. 263.]
Idaho Code § 19-702 — Idaho Code / Title 19 / Chapter 7 / Section 19-702
19-702 PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE — EXTRADITION OR DISCHARGE.
Status: in_force

19-702. Person arrested to be taken before magistrate — Extradition or discharge. If an arrest is made in this state by an officer of another state in accordance with the provisions of section 1 of this act he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.

History:

[19-702, added 1941, ch. 69, sec. 2, p. 133.]
Idaho Code § 19-6202 — Idaho Code / Title 19 / Chapter 62 / Section 19-6202
19-6202 DISCLOSURE OF RESIDENTIAL STREET ADDRESS AND TELEPHONE NUMBER PROHIBITED — EXCEPTIONS.
Status: in_force

19-6202. DISCLOSURE OF RESIDENTIAL STREET ADDRESS AND TELEPHONE NUMBER PROHIBITED — EXCEPTIONS. Notwithstanding any other provision of state law, a public agency shall not disclose to any person or entity the Idaho residential street address and telephone number of a judicial officer and such officer's residing household members upon submission of an application and fee consistent with the provisions of section 19-6203, Idaho Code, except under any of the following circumstances:

(1) If directed by a court order, to a person identified in the court order;

(2) If requested by a law enforcement agency, to the law enforcement agency;

(3) If requested by a financial institution or title company for business purposes, to the requesting financial institution or title company; or

(4) If the judicial officer provides written permission for disclosure of such information.

History:

[(19-6202) 19-6002, added 2023, ch. 179, sec. 1, p. 483; am. and redesig. 2024, ch. 16, sec. 5, p. 138.]
Idaho Code § 19-1403 — Idaho Code / Title 19 / Chapter 14 / Section 19-1403
19-1403 RESUBMISSION OF CHARGE AFTER DISMISSAL.
Status: in_force

19-1403. Resubmission of charge after dismissal. The dismissal of the charge does not prevent its resubmission to a grand jury as often as the court may direct, but without such direction it cannot be resubmitted.

History:

[(19-1403) Cr. Prac. 1864, sec. 227, p. 241; R.S., R.C., & C.L., sec. 7667; C.S., sec. 8819; I.C.A., sec. 19-1303.]
Idaho Code § 19-4506 — Idaho Code / Title 19 / Chapter 45 / Section 19-4506
19-4506 EXTRADITION OF PERSONS NOT PRESENT IN DEMANDING STATE AT TIME OF COMMISSION OF CRIME.
Status: in_force

19-4506. Extradition of persons not present in demanding state at time of commission of crime. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 19-4503, Idaho Code, with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.

History:

[(19-4506) 1927, ch. 29, sec. 6, p. 31; I.C.A., sec. 19-4606; am. 1983, ch. 130, sec. 2, p. 326; am. 2008, ch. 136, sec. 5, p. 387.]
Idaho Code § 19-1007 — Idaho Code / Title 19 / Chapter 10 / Section 19-1007
19-1007 CHALLENGE TO INDIVIDUAL — EFFECT OF ALLOWANCE.
Status: in_force

19-1007. Challenge to individual — Effect of allowance. If a challenge to an individual grand juror is allowed he can not be present or take part in the consideration of the charge as to which he was challenged against the defendant who interposed the challenge, or the deliberations of the grand jury thereon. The grand jury must inform the court of a violation of this section, and it is punishable by the court as a contempt.

History:

[(19-1007) Cr. Prac. 1864, secs. 183, p. 235, 184; R.S., R.C., & C.L., sec. 7613; C.S., sec. 8777; I.C.A., sec. 19-907.]
Idaho Code § 19-2132 — Idaho Code / Title 19 / Chapter 21 / Section 19-2132
19-2132 INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED OFFENSES.
Status: in_force

19-2132. Instructions to jury — Requests — Instructions on included offenses. (a) In charging the jury, the court must state to them all matters of law necessary for their information. Either party may present to the court any written charge and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused.

(b) The court shall instruct the jury with respect to a lesser included offense if:

(1) Either party requests such an instruction; and

(2) There is a reasonable view of the evidence presented in the case that would support a finding that the defendant committed such lesser included offense but did not commit the greater offense.

(c) If a lesser included offense is submitted to the jury for consideration, the court shall instruct the jury that it may not consider the lesser included offense unless it has first considered each of the greater offenses within which it is included, and has concluded in its deliberations that the defendant is not guilty of each of such greater offenses.

History:

[(19-2132) Cr. Prac. 1864, secs. 385-387, p. 259; R.S., R.C., & C.L., sec. 7886; C.S., sec. 8972; I.C.A., sec. 19-2032; am. 1977, ch. 154, sec. 7, p. 394; am. 1988, ch. 327, sec. 1, p. 989.]
Idaho Code § 19-3603 — Idaho Code / Title 19 / Chapter 36 / Section 19-3603
19-3603 SERVICE OF SUMMONS.
Status: in_force

19-3603. Service of summons. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier or managing agent thereof.

History:

[(19-3603) 1874, p. 363, sec. 585; R.S., R.C., & C.L., sec. 8224; C.S., sec. 9184; I.C.A., sec. 19-3503.]
Idaho Code § 19-516 — Idaho Code / Title 19 / Chapter 5 / Section 19-516
19-516 COMPLAINT TO BE TRANSMITTED TO MAGISTRATE.
Status: in_force

19-516. Complaint to be transmitted to magistrate. If the defendant is brought before a magistrate other than the one who issued the warrant, the complaint upon which the warrant was issued must be sent to that magistrate, or, if such complaint can not be procured, the complaining witness must be summoned to lodge a new complaint before such magistrate.

History:

[(19-516) Cr. Prac. 1864, sec. 118, p. 228; R.S., R.C., & C.L., sec. 7531; C.S., sec. 8722; I.C.A., sec. 19-516; am. 1969, ch. 79, sec. 4, p. 230.]
Idaho Code § 19-302 — Idaho Code / Title 19 / Chapter 3 / Section 19-302
19-302 OFFENSES COMMENCED WITHOUT THE STATE.
Status: in_force

19-302. Offenses commenced without the state. When the commission of a public offense, commenced without the state is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though he was out of the state at the time of the commission of the offense charged. If he consummated it in this state through the intervention of an innocent or guilty agent, or any other means proceeding directly from himself, in such case the venue is in the county in which the offense is consummated.

History:

[19-302, added 1972, ch. 336, sec. 4, p. 984; am. 1986, ch. 289, sec. 2, p. 728.]
Idaho Code § 19-3905 — Idaho Code / Title 19 / Chapter 39 / Section 19-3905
19-3905 PLEA — EXAMINATION ON PLEA OF GUILTY.
Status: in_force

19-3905. Plea — Examination on plea of guilty. The defendant may make the same plea as upon an indictment. His plea must be oral, and entered in the minutes. If the defendant plead guilty, the court may, before entering such plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed; and if it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment which may be found against him by the grand jury.

History:

[(19-3905) 1874, p. 363, sec. 602; R.S., R.C., & C.L., sec. 8283; C.S., sec. 9231; I.C.A., sec. 19-4005.]
Idaho Code § 19-3017 — Idaho Code / Title 19 / Chapter 30 / Section 19-3017
19-3017 EXCEPTIONS.
Status: in_force

19-3017. Exceptions. This act does not apply to any person in this state confined as insane or mentally ill.

History:

[19-3017, added 1959, ch. 10, sec. 5, p. 25.]
Idaho Code § 19-4522 — Idaho Code / Title 19 / Chapter 45 / Section 19-4522
19-4522 FUGITIVES FROM THIS STATE — DUTY OF GOVERNOR.
Status: in_force

19-4522. Fugitives from this state — Duty of governor. Whenever the governor of this state shall demand a person charged with crime, escaping from confinement, or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia, or other official authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged and convey him to the proper officer of the county in this state in which the offense was committed.

History:

[(19-4522) 1927, ch. 29, sec. 22, p. 31; I.C.A., sec. 19-4622; am. 1990, ch. 314, sec. 1, p. 859; am. 2008, ch. 136, sec. 23, p. 391.]
Idaho Code § 19-2019 — Idaho Code / Title 19 / Chapter 20 / Section 19-2019
19-2019 PARTICULAR CAUSES OF CHALLENGE.
Status: in_force

19-2019. Particular causes of challenge. Particular causes of challenge are of two kinds:

1. For such a bias as, when the existence of the fact is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias.

2. For the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which, in the exercise of a sound discretion on the part of the trier, leads to the inference that he will not act with entire impartiality, and which is known in this code as actual bias.

History:

[(19-2019) Cr. Prac. 1864, sec. 338, p. 252; R.S., R.C., & C.L., sec. 7833; C.S., sec. 8929; I.C.A., sec. 19-1919.]
Idaho Code § 19-3604 — Idaho Code / Title 19 / Chapter 36 / Section 19-3604
19-3604 EXAMINATION OF CHARGE.
Status: in_force

19-3604. Examination of charge. At the appointed time in the summons the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable.

History:

[(19-3604) 1874, p. 363, sec. 586; R.S., R.C., & C.L., sec. 8225; C.S., sec. 9185; I.C.A., sec. 19-3504.]
Idaho Code § 19-514 — Idaho Code / Title 19 / Chapter 5 / Section 19-514
19-514 DEFENDANT TO BE TAKEN BEFORE MAGISTRATE.
Status: in_force

19-514. Defendant to be taken before magistrate. If the offense charged is a felony, the officer making the arrest must cause the defendant to be taken before the magistrate who issued the warrant, or in the case of his absence or inability to act, before the nearest or most accessible magistrate in the same county, and must at the same time deliver to the magistrate the warrant, with his return thereon endorsed and subscribed by him, but all hearings on preliminary examinations must, as far as possible, be had before the magistrate most convenient to the majority of the witnesses for the prosecution, unless for good cause it is ordered to be held elsewhere, and in all such cases the preliminary examinations must be had as hereinafter provided, unless such person shall waive his right to such examination.

If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, upon the request of the defendant, take him before a magistrate in that county, who may admit him to bail in an amount which, in his judgment, will be reasonable and sufficient for the appearance of the defendant, and said magistrate must direct the defendant to appear before the court or magistrate by whom the warrant was issued on or before a day certain which shall in no case be more than fourteen (14) days after such admittance to bail. If bail shall be forthwith given, the magistrate shall take the same and endorse thereon a memorandum of the aforesaid order for the appearance of the defendant. On taking of said bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer in charge of the defendant. The officer must then discharge the defendant from arrest, and must without delay, deliver the warrant and undertaking to the court at which the defendant is required to appear.

If bail is not forthwith given by the defendant, the officer must cause the defendant to be taken before the magistrate who issued the warrant, or in case of his absence or inability to act before the nearest and most accessible magistrate in the same county, and at the same time deliver to the magistrate the warrant with his return endorsed thereon.

History:

[(19-514) Cr. Prac. 1864, secs. 111, 112, p. 227; R.S., sec. 7525; am. 1899, p. 433, sec. 1; reen. R.C., sec. 7525; compiled and reen. C.L., sec. 7525; C.S., sec. 8719; I.C.A., sec. 19-514; am. 1951, ch. 244, sec. 2, p. 516; am. 2003, ch. 115, sec. 1, p. 359.]
Idaho Code § 19-2720 — Idaho Code / Title 19 / Chapter 27 / Section 19-2720
19-2720 INQUIRY INTO NEED FOR NEW COUNSEL.
Status: in_force

19-2720. Inquiry into need for new counsel. After the imposition of a sentence of death, the trial judge should advise the defendant that, upon a particularized showing that there is a reasonable basis to litigate a claim of ineffective assistance of trial counsel, new counsel may be appointed to represent the defendant to pursue such a claim in a post-conviction proceeding. If no such request is made, the trial judge shall certify of record that there are no facts that have come to the court's attention upon which such a claim could reasonably be based or, alternatively, the court may appoint new counsel. No deficiency in the application of the procedure described herein shall be grounds for relief from a judgment of conviction or from a sentence.

History:

[(19-2720) 19-2719A, added 1995, ch. 140, sec. 4, p. 598; am. and redesig. 2005, ch. 25, sec. 14, p. 91.]
Idaho Code § 19-2916 — Idaho Code / Title 19 / Chapter 29 / Section 19-2916
19-2916 SETTING ASIDE ORDER OF FORFEITURE AND REINSTATING BAIL.
Status: in_force

19-2916. setting aside order of forfeiture and reinstating bail. If the defendant appears in court after the entry of the defendant's failure to appear and satisfactorily explains his failure to appear, the court may set aside the order of forfeiture and reinstate bail. Before reinstatement of bail, the court shall quash any bench warrant and set aside any order of forfeiture of the bail. The court shall provide written notice of reinstatement of bail to the person posting bail or to that person's designated agent within five (5) business days of the order reinstating bail.

History:

[19-2916, added 2009, ch. 90, sec. 2, p. 263.]
Idaho Code § 19-5904 — Idaho Code / Title 19 / Chapter 59 / Section 19-5904
19-5904 STATE APPELLATE PUBLIC DEFENDER — APPOINTMENT — TERM — QUALIFICATIONS — PROHIBITED CONDUCT — REMOVAL — VACANCIES — COMPENSATION.
Status: in_force

19-5904. state appellate public defender — appointment — term — qualifications — prohibited conduct — removal — vacancies — compensation. (1) The state appellate public defender shall be appointed by the governor, with the advice and consent of the senate, to serve a four (4) year term and may be reappointed to subsequent terms in the same manner.

(2) The state appellate public defender must meet the following qualifications on the effective date of his appointment:

(a) Be at least thirty (30) years of age;

(b) Be a citizen of the United States;

(c) Have held a license to practice law or a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding such appointment;

(d) Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter; and

(e) Have at least five (5) years of criminal defense or appellate experience, or a combination thereof.

(3) The state appellate public defender shall not:

(a) Engage in the practice of law outside his role in the office of the state appellate public defender, except for the practice of law that is permitted for a judge by the Idaho code of judicial conduct;

(b) Hold or be a candidate for any federal, state, county, municipal, judicial, district, or other elective office; provided, however, this section shall not be interpreted to prohibit the state appellate public defender from seeking appointment to another office, including state or federal judicial office;

(c) Serve as the agent, representative, officer, political treasurer, or employee, for profit or otherwise, of any political party, political committee, or candidate, as such terms are defined in chapter 66, title 67, Idaho Code; or

(d) Hold any other public or private sector position, for profit or otherwise, except for volunteer positions that are not inconsistent with the duties of the state appellate public defender.

(4) The state appellate public defender may be removed from office by the governor for failing to retain the qualifications of his office established in subsection (2) of this section, for engaging in prohibited conduct set forth in subsection (3) of this section, or for good cause shown. If the state appellate public defender is removed from office, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.

(5) If the state appellate public defender resigns, dies, or is removed from office as provided by law, the governor shall appoint a person who meets the qualifications established in this section, subject to the advice and consent of the senate, to fill the remainder of the unexpired term.

(6) The state appellate public defender shall be compensated in an amount determined by the governor.

History:

[19-5904, added 2023, ch. 220, sec. 20, p. 675.]
Idaho Code § 19-5906 — Idaho Code / Title 19 / Chapter 59 / Section 19-5906
19-5906 APPOINTMENT OF ADDITIONAL COUNSEL.
Status: in_force

19-5906. Appointment of additional counsel. Should the state appellate public defender be unable to carry out the duties required in this chapter because of a conflict of interest or any other reason, the state appellate public defender shall arrange for counsel for indigent defendants to be compensated out of the budget of the state appellate public defender.

History:

[19-5906, added 2021, ch. 164, sec. 2, p. 467.]
Idaho Code § 19-313 — Idaho Code / Title 19 / Chapter 3 / Section 19-313
19-313 VENUE OVER ACCESSORIES.
Status: in_force

19-313. Venue over accessories. In the case of an accessory in the commission of a public offense, the venue is in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county.

History:

[19-313, added 1972, ch. 336, sec. 4, p. 986; am. 1986, ch. 289, sec. 13, p. 731.]
Idaho Code § 19-6019 — Idaho Code / Title 19 / Chapter 60 / Section 19-6019
19-6019 CONTRACTING WITH DEFENDING ATTORNEYS.
Status: in_force

19-6019. contracting with defending attorneys. (1) When contracting with defending attorneys to provide primary or conflict indigent defense services, to the greatest extent that is practicable, the office of the state public defender shall contract with local defending attorneys who practice in the county. If no qualified attorneys who practice in the county are available, the office of the state public defender shall contract with local defending attorneys who practice within the judicial district.

(2) In counties that did not operate an office of public defender or joint office of public defender by January 1, 2023, the office of the state public defender shall continue to provide primary indigent defense services by contract through July 1, 2029, unless the board of county commissioners, at the request of the office of the state public defender, votes to allow the office to transition from primary contract indigent defense providers. Notice of no less than six (6) months is required in advance of any change in delivery of public defense from primary contract indigent defense providers in a county pursuant to this subsection.

(3) Nothing in this section:

(a) Prohibits the office of the state public defender from continuing to contract with defending attorneys to provide indigent defense services in any county after July 1, 2029;

(b) Requires the office of the state public defender to contract with defending attorneys who do not meet the requirements and standards for defending attorneys; or

(c) Restricts the office of the state public defender from using defending attorneys employed by the office of the state public defender to represent indigent defendants in any capital case.

History:

[19-6019, added 2023, ch. 220, sec. 15, p. 674.]
Idaho Code § 19-616 — Idaho Code / Title 19 / Chapter 6 / Section 19-616
19-616 TELECOMMUNICATION OF WARRANT FOR SERVICE.
Status: in_force

19-616. telecommunication of warrant for service. A warrant of arrest may be sent by telecommunication process or facsimile process to one (1) or more peace officers and a copy of a warrant sent in such manner is as effectual in the hands of any officer, and he must proceed in the same manner under it as though he held an original warrant.

History:

[(19-616) R.S., R.C., & C.L., sec. 7553; C.S., sec. 8739; I.C.A., sec. 19-616; am. 2012, ch. 78, sec. 1, p. 227.]
Idaho Code § 19-1416 — Idaho Code / Title 19 / Chapter 14 / Section 19-1416
19-1416 CONSTRUCTION OF WORDS.
Status: in_force

19-1416. Construction of words. The words used in an indictment are construed in their usual acceptance in common language, except such words and phrases as are defined by law, which are construed according to their legal meaning.

History:

[(19-1416) Cr. Prac. 1864, sec. 240, p. 242; R.S., R.C., & C.L., sec. 7684; C.S., sec. 8832; I.C.A., sec. 19-1316.]
Idaho Code § 19-305 — Idaho Code / Title 19 / Chapter 3 / Section 19-305
19-305 OFFENSES COMMITTED ON OR NEAR COUNTY BOUNDARIES.
Status: in_force

19-305. Offenses committed on or near county boundaries. When a public offense is committed on the boundary of two (2) or more counties, or within five hundred (500) yards thereof, if the place where the crime is committed cannot be ascertained with reasonable certainty by the law enforcing officers of either county, or if a misdemeanor or infraction is committed in a city which is located in two (2) counties, then in any such event the venue is in either county. Provided however, that a prosecution in one (1) county shall be a bar to a prosecution for the same act or offense in the other county.

History:

[19-305, added 1972, ch. 336, sec. 4, p. 984; am. 1976, ch. 24, sec. 1, p. 59; am. 1986, ch. 289, sec. 5, p. 729; am. 2001, ch. 121, sec. 1, p. 416.]
Idaho Code § 19-1909 — Idaho Code / Title 19 / Chapter 19 / Section 19-1909
19-1909 TRIAL MAY BE POSTPONED FOR CAUSE.
Status: in_force

19-1909. Trial may be postponed for cause. When an indictment is called for trial, or at any time previous thereto, the court may, upon sufficient cause, direct the trial to be postponed to another day of the same or of the next term.

History:

[(19-1909) Cr. Prac. 1864, sec. 317, p. 250; R.S., R.C., & C.L., sec. 7795; C.S., sec. 8910; I.C.A., sec. 19-1809.]
Idaho Code § 19-224 — Idaho Code / Title 19 / Chapter 2 / Section 19-224
19-224 COMMANDING RIOTERS TO DISPERSE.
Status: in_force

19-224. Commanding rioters to disperse. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his deputies or the officials governing the town or city shall go among the persons assembled, or as near to them as possible, and command them in the name of the people of the state immediately to disperse.

History:

[19-224, added 1972, ch. 336, sec. 3, p. 983; am. 2012, ch. 20, sec. 5, p. 67.]
Idaho Code § 19-4910 — Idaho Code / Title 19 / Chapter 49 / Section 19-4910
19-4910 UNIFORMITY OF INTERPRETATION.
Status: in_force

19-4910. Uniformity of interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History:

[19-4910, added 1967, ch. 25, sec. 10, p. 42.]
Idaho Code § 19-5503 — Idaho Code / Title 19 / Chapter 55 / Section 19-5503
19-5503 RESPONSIBILITY FOR MANAGING DNA PROGRAMS — BUREAU OF FORENSIC SERVICES.
Status: in_force

19-5503. Responsibility for managing DNA programs — Bureau of forensic services. The Idaho state police through the bureau of forensic services shall be responsible for the policy management and administration of the state's database and databank identification program. The bureau of forensic services shall be responsible for liaison with the FBI regarding the state's participation in the CODIS program.

History:

[19-5503, added 1997, ch. 120, sec. 1, p. 342; am. 2000, ch. 469, sec. 46, p. 1499.]
Idaho Code § 19-5601 — Idaho Code / Title 19 / Chapter 56 / Section 19-5601
19-5601 SHORT TITLE.
Status: in_force

19-5601. Short title. This chapter shall be known and may be cited as the "Idaho Drug Court and Mental Health Court Act."

History:

[19-5601, added 2001, ch. 337, sec. 1, p. 1197; am. 2005, ch. 358, sec. 2, p. 1130.]
Idaho Code § 19-6015 — Idaho Code / Title 19 / Chapter 60 / Section 19-6015
19-6015 REIMBURSEMENT — WHEN AUTHORIZED.
Status: in_force

19-6015. Reimbursement — When authorized. (1) The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this chapter:

(a) To which he was not entitled;

(b) With respect to which he was not an indigent person when he received it; or

(c) With respect to which he has failed to make the certification required under section 19-6011, Idaho Code, and for which he refuses to pay or reimburse. Suit must be brought within five (5) years after the date on which the aid was received.

(2) The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered under subsection (1) of this section who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to pay or reimburse for legal assistance without manifest hardship according to the standards of ability to pay applicable under sections 19-6009 and 19-6011, Idaho Code, but refuses to do so. Suit must be brought within three (3) years after the date on which the benefit was received.

(3) Amounts recovered under this section shall be paid into the state public defense fund pursuant to section 57-827, Idaho Code.

History:

[(19-6015) 19-858, added 1967, ch. 181, sec. 8, p. 599; am. 2013, ch. 220, sec. 8, p. 518; am. 2022, ch. 318, sec. 56, p. 1029; am. and redesig. 2023, ch. 220, sec. 11, p. 673.]
Idaho Code § 19-807 — Idaho Code / Title 19 / Chapter 8 / Section 19-807
19-807 ISSUANCE OF SUBPOENAS FOR WITNESSES.
Status: in_force

19-807. Issuance of subpoenas for witnesses. The magistrate shall, prior to the preliminary examination, issue subpoenas, subscribed by him, for witnesses required by the prosecution who are in the state, and for witnesses required by the defendant who are in the state.

History:

[(19-807) Cr. Prac. 1864, sec. 149, p. 231; R.S., R.C., & C.L., sec. 7571; C.S., sec. 8749; I.C.A., sec. 19-707; am. 1969, ch. 467, sec. 2, p. 1339.]
Idaho Code § 19-4528 — Idaho Code / Title 19 / Chapter 45 / Section 19-4528
19-4528 COSTS AND EXPENSES.
Status: in_force

19-4528. Costs and expenses. When the governor of this state, in the exercise of the authority conferred by section 2 of article 4 of the Constitution of the United States, or by the laws of this state, demands from the executive authority of any state or territory of the United States, or of any foreign government, the surrender to the authorities of this state of a fugitive from justice, who has been found and arrested in such state, territory, or foreign government, the accounts of the person employed by him to bring back such fugitive must be audited by the board of examiners and paid out of the state treasury, provided that in any case where a person against whom criminal proceedings are pending in any court of this state is to be brought into this state for such proceedings, whether with or without any demand or proceedings by the governor of this state and there is no appropriation of state funds available for the purpose at the time, reasonable compensation for the services of any person employed to bring the defendant in such criminal proceedings to this state and his expenses and the expenses on the account of the said defendant may be allowed and paid at the discretion of the board of county commissioners of the county where such criminal proceedings are pending from the general fund of said county, but no compensation for services as distinguished from expenses other than the regular salary shall be allowed any sheriff or deputy sheriff from either state or county funds.

History:

[(19-4528) R.S., sec. 8425; am. R.C. & C.L., sec. 8425; C.S., sec. 9348; am. 1927, ch. 44, sec. 1, p. 59; I.C.A., sec. 19-4631; am. 2008, ch. 136, sec. 29, p. 393.]
Idaho Code § 19-1907 — Idaho Code / Title 19 / Chapter 19 / Section 19-1907
19-1907 ORDER OF TRYING CASES.
Status: in_force

19-1907. Order of trying cases. The issues on the calendar must be disposed of in the following order, unless upon application of either party, for good causes shown by affidavit, and upon two (2) days' notice to the opposite party, with service of a copy of the affidavit in support of the application, the court shall direct an indictment to be tried out of its order:

1. Indictments for felony, when the defendant is in custody.

2. Indictments for misdemeanor, when the defendant is in custody.

3. Indictments for felony, when the defendant is on bail.

4. Indictments for misdemeanor, when the defendant is on bail.

History:

[(19-1907) Cr. Prac. 1864, sec. 315, p. 250; R.S., R.C., & C.L., sec. 7789; C.S., sec. 8908; I.C.A., sec. 19-1807.]
Idaho Code § 19-4005 — Idaho Code / Title 19 / Chapter 40 / Section 19-4005
19-4005 SERVICE OF NOTICE.
Status: in_force

19-4005. Service of notice. The service must be made upon the defendant personally, or if he cannot, upon diligent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment.

History:

[(19-4005) Cr. Prac. 1864, sec. 53, p. 219; R.S., R.C., & C.L., sec. 7429; C.S., sec. 8656; I.C.A., sec. 19-4105.]
Idaho Code § 19-4508 — Idaho Code / Title 19 / Chapter 45 / Section 19-4508
19-4508 MANNER AND PLACE OF EXECUTION — FACSIMILE AND ELECTRONIC SERVICE.
Status: in_force

19-4508. Manner and place of execution — Facsimile and electronic service. (1) Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.

(2) A certified copy of the warrant, signed by the governor, may be sent via facsimile or in electronic format, to be executed pursuant to subsection (1) of this section.

History:

[(19-4508) 1927, ch. 29, sec. 8, p. 31; I.C.A., sec. 19-4608; am. 2008, ch. 136, sec. 7, p. 387.]
Idaho Code § 19-4301C — Idaho Code / Title 19 / Chapter 43 / Section 19-4301C
19-4301C RELEASE OF BODY.
Status: in_force

19-4301C. Release of body. Where a body is held for investigation or autopsy under this act the coroner shall, if requested by next of kin, release the body for funeral preparation not later than 24 hours after death or discovery of the body, whichever is later. Any district judge may ex parte order the 24 hour period extended upon a showing of reasonable cause by the prosecuting attorney by petition supported by affidavit.

History:

[I.C., sec. 19-4301C, as added by 1961, ch. 262, sec. 5, p. 459.]
Idaho Code § 19-6307 — Idaho Code / Title 19 / Chapter 63 / Section 19-6307
19-6307 EXCEPTIONS.
Status: in_force

19-6307. exceptions. The provisions of this chapter shall not apply to:

(1) Payments for legal services;

(2) Works of art or fiction that only briefly mention the crime;

(3) Regular wages or income not related to the crime;

(4) Money earned before the crime was committed; or

(5) News or documentary works created mainly to inform or educate and where the offender is paid only normal interview fees.

History:

[19-6307, added 2026, ch. 39, sec. 2, p. 168.]
Idaho Code § 19-810 — Idaho Code / Title 19 / Chapter 8 / Section 19-810
19-810 EXCLUSION OF WITNESSES.
Status: in_force

19-810. Exclusion of witnesses. While a witness is under examination the magistrate must, upon motion of either of the parties, exclude all witnesses who have not been examined. He may also cause the witnesses to be kept separate, and to be prevented from conversing with each other until all witnesses have been examined.

History:

[(19-810) Cr. Prac. 1864, sec. 157, p. 232; R.S., R.C., & C.L., sec. 7574; C.S., sec. 8752; I.C.A., sec. 19-710; am. 1969, ch. 467, sec. 5, p. 1339.]
Idaho Code § 19-3509 — Idaho Code / Title 19 / Chapter 35 / Section 19-3509
19-3509 DIVERSION PROGRAM REQUIREMENTS.
Status: in_force

19-3509. diversion program requirements. (1) A prosecuting attorney may, at the prosecuting attorney's discretion, establish a diversion program and may refer a defendant eligible to participate in a diversion program pursuant to section 19-3508, Idaho Code, to such program within thirty (30) calendar days of a citation being issued or charges being filed against the defendant. Before entering an agreement to participate in the diversion program, a defendant may obtain advice from a defense attorney on the requirements and consequences of participating in the diversion program and must undergo a drug or alcohol evaluation, or both, if requested by the prosecuting attorney. The terms and conditions of the diversion program shall be set forth in a written agreement signed by the prosecuting attorney and the defendant as well as the defendant's attorney, if the defendant is represented by an attorney. If the defendant agrees to participate in the diversion program, then the prosecuting attorney shall move for dismissal of the action against the defendant pursuant to section 19-3506, Idaho Code.

(a) A diversion program may be administered by the prosecuting attorney or by the prosecuting attorney's designee. The diversion agreement shall specify the person administering the program and shall set out the requirements for successful completion of the program and the duration of the diversion agreement. The duration of the period a person is required to participate in a diversion program under this section shall be no shorter than twelve (12) months. All persons participating in a diversion program shall be required to install and maintain, at the participant's expense, an ignition interlock system in each vehicle such person operates for the duration of the program, as further provided in subsection (5) of this section. A person participating in a diversion program for a charge unrelated to alcohol shall, in addition to installing and maintaining an ignition interlock system, be required to undergo drug testing at the person's expense for at least twelve (12) months. If the person is indigent, the prosecuting attorney may order the use of moneys from the court interlock device and electronic monitoring device fund created by section 18-8010, Idaho Code, to assist the person in procuring an ignition interlock device. The participant in a diversion program must also complete at least thirty-two (32) hours of sheriff inmate labor detail or approved community service and at least twenty-four (24) hours of drug and alcohol counseling, therapy, or education from an approved provider.

(b) At the end of the diversion period, the prosecuting attorney shall determine whether the participant complied with the requirements of the diversion agreement. If the prosecuting attorney finds that the participant failed to comply with the requirements of the diversion agreement, then the prosecuting attorney may refile the case pursuant to section 19-3506, Idaho Code.

(2) A prosecuting attorney may require, as a condition of entering a diversion program, that a person execute a sworn affidavit stating the facts that gave rise to the charge of driving under the influence. Such affidavit may be used as evidence of guilt during an adjudicative proceeding in a refiled case. No other statement made by the person in diversion activities or proceedings, such as in a counseling or therapy session, is admissible as evidence of guilt during an adjudicative proceeding in a refiled case.

(3) The requirements for successful completion of a diversion program may include, but are not limited to:

(a) Informal supervision with the probation department;

(b) Community service work;

(c) Inmate labor detail work;

(d) A community-based diversion program;

(e) Restitution to a victim;

(f) Alcohol monitoring and testing;

(g) Individual therapy and counseling;

(h) Group therapy and counseling; and

(i) Drug monitoring and testing.

(4) The administrator of a diversion program may require payment of restitution and fees to cover the costs of the diversion program. Any moneys collected shall be reasonably related to program costs. The administrator shall assess a diversion fee of one hundred fifty-seven dollars and fifty cents ($157.50) to each diversion participant. If the participant is indigent, the diversion fee may be waived. The diversion fee shall be paid to the clerk of the district court and distributed as follows:

(a) Seventeen dollars and fifty cents ($17.50) to be distributed as provided in section 31-3201A(2), Idaho Code;

(b) Ten dollars ($10.00) to be distributed as provided in section 31-3201(3), Idaho Code;

(c) Ten dollars ($10.00) to be distributed as provided in section 31-3201(5), Idaho Code;

(d) Fifteen dollars ($15.00) to be distributed as provided in section 31-3201B, Idaho Code;

(e) Fifty dollars ($50.00) to be distributed as provided in section 31-3201H, Idaho Code;

(f) Fifteen dollars ($15.00) to be distributed as provided in section 31-3204, Idaho Code;

(g) Thirty-seven dollars ($37.00) to be distributed as provided in section 72-1025, Idaho Code; and

(h) Three dollars ($3.00) to be distributed as provided in section 72-1105, Idaho Code.

(5) A participant in a diversion program whose driving privileges have been suspended may be granted driving privileges by the administrator of the diversion program, in which case the participant shall be issued a restricted driving permit by the Idaho transportation department. Prior to being granted restricted driving privileges, the participant must show to the administrator proof of financial responsibility as defined and in the amounts specified in section 49-117, Idaho Code. If a person is participating in a diversion program under this section, then the participant must have an ignition interlock system as defined in section 18-8008, Idaho Code, installed in each vehicle operated by the participant and must pay an ignition interlock fee of fifteen dollars ($15.00) to be deposited in the court interlock device and electronic monitoring device fund created by section 18-8010, Idaho Code. The ignition interlock system shall be removed once the participant successfully completes diversion, provided that such removal shall not occur, and the program shall not be considered successfully completed, until the administrator of the diversion program receives a declaration from the participant's ignition interlock vendor, on a form provided or approved by the administrator, certifying that none of the following incidents occurred while the system was installed in the vehicle:

(a) An attempt to start the vehicle with an alcohol concentration of 0.04 or more;

(b) Failure to take any random test;

(c) Failure to pass any random retest with an alcohol concentration of 0.025 or lower; or

(d) Failure of the participant to appear at the ignition interlock system vendor's place of business when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the system.

History:

[19-3509, added 2019, ch. 305, sec. 9, p. 913.]
Idaho Code § 19-510A — Idaho Code / Title 19 / Chapter 5 / Section 19-510A
19-510A PEACE OFFICERS' POWERS TO EMPLOYEES OF THE STATE BOARD OF CORRECTION.
Status: in_force

19-510A. Peace officers' powers to employees of the state board of correction. All employees of the state board of correction who receive peace officer certification from the Idaho peace officer standards and training council shall have all the authority given by statute to peace officers of the state of Idaho. All other employees designated by the board of correction pursuant to section 20-209C, Idaho Code, shall be empowered with the rights and duties of peace officers when engaged in transportation of prisoners or apprehension of prisoners or wards who have escaped, or apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation or parole, or when present with and at the request of a local, state or federal law enforcement officer.

History:

[19-510A, as added by 1973, ch. 170, sec. 1, p. 359; am. 1980, ch. 100, sec. 1, p. 220; am. 2005, ch. 131, sec. 1, p. 417; am. 2011, ch. 28, sec. 1, p. 70.]
Idaho Code § 19-2503 — Idaho Code / Title 19 / Chapter 25 / Section 19-2503
19-2503 PRESENCE OF DEFENDANT.
Status: in_force

19-2503. Presence of defendant. For the purpose of judgment, if the conviction is for a felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence.

History:

[(19-2503) Cr. Prac. 1864, sec. 436, p. 266; R.S., R.C., & C.L., sec. 7982; C.S., sec. 9025; I.C.A., sec. 19-2403.]
Idaho Code § 19-3918 — Idaho Code / Title 19 / Chapter 39 / Section 19-3918
19-3918 VERDICT AGAINST JOINT DEFENDANTS.
Status: in_force

19-3918. Verdict against joint defendants. When several defendants are tried together, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury.

History:

[(19-3918) Cr. Prac. 1864, sec. 609, p. 288; R.S., R.C., & C.L., sec. 8296; C.S., sec. 9244; I.C.A., sec. 19-4018.]
Idaho Code § 19-316 — Idaho Code / Title 19 / Chapter 3 / Section 19-316
19-316 CONVICTION OR ACQUITTAL IN ANOTHER COUNTY.
Status: in_force

19-316. Conviction or acquittal in another county. When an offense is within the venue of two (2) or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.

History:

[19-316, added 1972, ch. 336, sec. 4, p. 986; am. 1986, ch. 289, sec. 16, p. 732.]
Idaho Code § 19-1903 — Idaho Code / Title 19 / Chapter 19 / Section 19-1903
19-1903 PRESENCE OF DEFENDANT.
Status: in_force

19-1903. Presence of defendant. If the indictment is for a felony, the defendant must be personally present at the trial; but if for misdemeanor, the trial may be had in the absence of the defendant.

History:

[(19-1903) R.S., R.C., & C.L., sec. 7782; C.S., sec. 8905; I.C.A., sec. 19-1803.]
Idaho Code § 19-4306 — Idaho Code / Title 19 / Chapter 43 / Section 19-4306
19-4306 REDUCTION OF TESTIMONY TO WRITING.
Status: in_force

19-4306. Reduction of testimony to writing. The testimony of the witnesses examined before the coroner's jury must be reduced to writing by the coroner, or under his direction, and forthwith filed by him with the inquisition, in the office of the clerk of the district court of the county.

History:

[(19-4306) 1863, p. 475, sec. 140; R.S., R.C., & C.L., sec. 8382; C.S., sec. 9314; I.C.A., sec. 19-4406.]
Idaho Code § 19-6306 — Idaho Code / Title 19 / Chapter 63 / Section 19-6306
19-6306 DISTRIBUTION.
Status: in_force

19-6306. distribution. (1) If a victim wins a judgment, the court shall order payment to the victim from the escrow account.

(2) If more than one (1) victim has a valid claim, funds shall be divided fairly unless the court orders otherwise.

(3) Any money remaining after five (5) years and after all valid claims are paid shall be returned to the offender.

History:

[19-6306, added 2026, ch. 39, sec. 2, p. 168.]
Idaho Code § 19-1718 — Idaho Code / Title 19 / Chapter 17 / Section 19-1718
19-1718 WHAT IS A FORMER ACQUITTAL.
Status: in_force

19-1718. What is a former acquittal. Whenever the defendant is acquitted on the merits he is acquitted of the same offense, notwithstanding any defect in form or substance in the indictment on which the trial was had.

History:

[I.C., sec. 19-1718 as added by 1972, ch. 336, sec. 7, p. 987.]
Idaho Code § 19-602 — Idaho Code / Title 19 / Chapter 6 / Section 19-602
19-602 ARREST, HOW MADE.
Status: in_force

19-602. Arrest, how made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.

History:

[(19-602) Cr. Prac. 1864, secs. 125, 126. pp. 228 and 229; R.S., R.C., & C.L., sec. 7539; C.S., sec. 8725; I.C.A., sec. 19-602.]
Idaho Code § 19-1816 — Idaho Code / Title 19 / Chapter 18 / Section 19-1816
19-1816 IMPANELING JURY FROM ANOTHER COUNTY.
Status: in_force

19-1816. Impaneling jury from another county. (a) As an alternative to entering the order of removal provided in the preceding sections of this chapter, the court may instead enter an order directing that jurors be impaneled from the county to which venue would otherwise have been transferred, if it finds:

1. That a fair and impartial jury cannot be impaneled in the county where the criminal complaint, information or indictment is filed;

2. That it would be more economical to transport the jury than to transfer the pending action; and

3. That justice will be served thereby.

(b) The jury shall be summoned and impaneled as if the trial were to take place in the county where the jury was summoned. Thereafter, the jury shall be transported for purpose of the trial to the county in which the complaint, information or indictment is filed.

(c) All court costs incurred under this section shall be paid by the county where the complaint, information or indictment is filed.

(d) The provisions of this section do not affect the power of the court to order a change of venue.

History:

[19-1816, added 1983, ch. 17, sec. 1, p. 51.]
Idaho Code § 19-2016 — Idaho Code / Title 19 / Chapter 20 / Section 19-2016
19-2016 NUMBER OF PEREMPTORY CHALLENGES.
Status: in_force

19-2016. Number of peremptory challenges. If the offense charged is punishable with death or with imprisonment in the state prison for life, the defendant is entitled to ten (10) and the state to ten (10) peremptory challenges. On a trial for any other offense the defendant is entitled to six (6) and the state six (6) peremptory challenges.

History:

[(19-2016) Cr. Prac. 1864, sec. 335, p. 252; R.S., sec. 7830; am. 1907, p. 171, sec. 1; reen. R.C., & C.L., sec. 7830; C.S., sec. 8926; I.C.A., sec. 19-1916.]
Idaho Code § 19-314 — Idaho Code / Title 19 / Chapter 3 / Section 19-314
19-314 VENUE OVER ABSENT PRINCIPAL.
Status: in_force

19-314. Venue over absent principal. The venue of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this code if he were so present and aiding and abetting therein.

History:

[19-314, added 1972, ch. 336, sec. 4, p. 986; am. 1986, ch. 289, sec. 14, p. 731.]
Idaho Code § 19-3022 — Idaho Code / Title 19 / Chapter 30 / Section 19-3022
19-3022 SHORT TITLE.
Status: in_force

19-3022. Short title. This act may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act."

History:

[19-3022, added 1959, ch. 10, sec. 10, p. 25.]
Idaho Code § 19-1409 — Idaho Code / Title 19 / Chapter 14 / Section 19-1409
19-1409 REQUIREMENTS OF INDICTMENT.
Status: in_force

19-1409. Requirements of indictment. The indictment must contain:

1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties.

2. A statement of the acts constituting the offense in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.

History:

[(19-1409) Cr. Prac. 1864, sec. 233, p. 242; R.S., R.C., & C.L., sec. 7677; C.S., sec. 8825; I.C.A., sec. 19-1309.]
Idaho Code § 19-2307 — Idaho Code / Title 19 / Chapter 23 / Section 19-2307
19-2307 SPECIAL VERDICT, HOW RENDERED.
Status: in_force

19-2307. Special verdict, how rendered. The special verdict must be reduced to writing by the jury, or in their presence entered upon the minutes of the court, read to the jury and agreed to by them, before they are discharged.

History:

[(19-2307) Cr. Prac. 1864, sec. 107, p. 261; R.S., R.C., & C.L., sec. 7921; C.S., sec. 8992; I.C.A., sec. 19-2207.]
Idaho Code § 19-1516 — Idaho Code / Title 19 / Chapter 15 / Section 19-1516
19-1516 TIME ALLOWED FOR ANSWER.
Status: in_force

19-1516. Time allowed for answer. If, on the arraignment, the defendant requires it, he must be allowed a reasonable time, not less than one (1) day, to answer the indictment. He may, in answer to the arraignment, move to set aside, demur, or plead to, the indictment.

History:

[(19-1516) Cr. Prac. 1864, secs. 272, 273, p. 246; R.S., R.C., & C.L., sec. 7724; C.S., sec. 8862; I.C.A., sec. 19-1416.]
Idaho Code § 19-802 — Idaho Code / Title 19 / Chapter 8 / Section 19-802
19-802 SENDING FOR COUNSEL.
Status: in_force

19-802. Sending for counsel. He must also allow the defendant a reasonable time to send for counsel, and postpone the examination for that purpose, and must upon the request of the defendant, require a peace officer to take a message to any counsel in the township or city the defendant may name. The officer must, without delay and without fee, perform that duty.

History:

[(19-802) Cr. Prac. 1864, sec. 144, p. 230; R.S., R.C., & C.L., sec. 7566; C.S., sec. 8744; I.C.A., sec. 19-702.]
Idaho Code § 19-4520 — Idaho Code / Title 19 / Chapter 45 / Section 19-4520
19-4520 GUILT OR INNOCENCE OF ACCUSED — WHEN INQUIRED INTO.
Status: in_force

19-4520. Guilt or innocence of accused — When inquired into. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition is presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.

History:

[(19-4520) 1927, ch. 29, sec. 20, p. 31; I.C.A., sec. 19-4620; am. 2008, ch. 136, sec. 21, p. 391.]
Idaho Code § 19-5007 — Idaho Code / Title 19 / Chapter 50 / Section 19-5007
19-5007 ADMINISTRATION.
Status: in_force

19-5007. Administration. The attorney general, or his designee, shall serve as the administrator of the agreement on detainers.

History:

[19-5007, added 1971, ch. 167, sec. 7, p. 790; am. 2019, ch. 164, sec. 1, p. 551.]
Idaho Code § 19-5907 — Idaho Code / Title 19 / Chapter 59 / Section 19-5907
19-5907 ANNUAL REPORT.
Status: in_force

19-5907. Annual report. The state appellate public defender shall make an annual report to the state board of examiners, the supreme court, the legislature, and all counties for which the office has provided services concerning the cases handled by the office during the preceding year.

History:

[19-5907, added 2021, ch. 164, sec. 2, p. 467.]
Idaho Code § 19-3004 — Idaho Code / Title 19 / Chapter 30 / Section 19-3004
19-3004 COMPELLING ATTENDANCE OF WITNESS — SUBPOENA AND HOW ISSUED.
Status: in_force

19-3004. Compelling attendance of witness — Subpoena and how issued. The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by:

1. A magistrate before whom an information is laid, for witnesses in the state, either on behalf of the people or of the defendant.

2. The prosecuting attorney, for witnesses in the state in support of the prosecution, or for such other witnesses as the grand jury, upon an investigation pending before them, may direct.

3. The prosecuting attorney, for witnesses in the state in support of an indictment or information, to appear before the court in which it is to be tried.

4. The clerk of the court in which an indictment or information is to be tried; and he must, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him as clerk, for witnesses in the state or without the state as provided in section 19-3005, as the defendant may require.

History:

[(19-3004) Cr. Prac. 1864, secs. 534, 538, p. 278; R.S., R.C., & C.L., sec. 8148; C.S., sec. 9132; I.C.A., sec. 19-2904; am. 1935, ch. 10, sec. 1, p. 24.]
Idaho Code § 19-3914 — Idaho Code / Title 19 / Chapter 39 / Section 19-3914
19-3914 CONDUCT OF JURY.
Status: in_force

19-3914. Conduct of jury. After the jury are sworn they must sit together and hear the proofs and allegations of the parties, which must be delivered in public and in the presence of the defendant.

History:

[(19-3914) Cr. Prac. 1864, sec. 604, p. 288; R.S., R.C., & C.L., sec. 8292; C.S., sec. 9240; I.C.A., sec. 19-4014.]
Idaho Code § 19-1715 — Idaho Code / Title 19 / Chapter 17 / Section 19-1715
19-1715 PLEA OF NOT GUILTY.
Status: in_force

19-1715. Plea of not guilty. The plea of not guilty puts in issue every material allegation of the indictment, information or complaint except that mental disease or defect excluding responsibility may be raised as a defense only in the manner provided for in this act.

History:

[(19-1715) Cr. Prac. 1864, sec. 299, p. 249; R.S., R.C., & C.L., sec. 7758; C.S., sec. 8882; I.C.A., sec. 19-1615; am. 1970, ch. 31, sec. 13, p. 61.]
Idaho Code § 19-5603 — Idaho Code / Title 19 / Chapter 56 / Section 19-5603
19-5603 DRUG COURT — ESTABLISHMENT.
Status: in_force

19-5603. Drug court — Establishment. The district court in each county may establish a drug court which shall include a regimen of graduated sanctions and rewards, substance abuse treatment, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as may be established by the district court, in accordance with standards developed by the Idaho supreme court drug court and mental health court coordinating committee.

History:

[19-5603, added 2001, ch. 337, sec. 1, p. 1197; am. 2005, ch. 358, sec. 4, p. 1131.]
Idaho Code § 19-2402 — Idaho Code / Title 19 / Chapter 24 / Section 19-2402
19-2402 TRANSCRIPT AND EXHIBITS ON APPEAL TO SUPREME COURT.
Status: in_force

19-2402. Transcript and exhibits on appeal to Supreme Court. Any party desiring to procure a record of the evidence, proceedings and exhibits made during the trial of a criminal action in the district court for use on appeal to the Supreme Court may procure such transcript and exhibits in the same way in which a transcript and exhibits are obtained in a civil action. Said transcript shall be ordered, prepared, served, settled, lodged, filed and used in the same way and with the same effect as in a civil action. The provisions of section 10-509 shall apply to a reporter's transcript in a criminal action.

History:

[(19-2402) 1927, ch. 135, sec. 1, p. 178; I.C.A., sec. 19-2302; am. 1949, ch. 179, sec. 1, p. 381.]
Idaho Code § 19-6204 — Idaho Code / Title 19 / Chapter 62 / Section 19-6204
19-6204 IMMUNITY FROM LIABILITY.
Status: in_force

19-6204. immunity FROM LIABILITY. Neither a public agency nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this chapter.

History:

[(19-6204) 19-6004, added 2023, ch. 179, sec. 1, p. 484; am. and redesig. 2024, ch. 16, sec. 5, p. 139.]
Idaho Code § 19-3206 — Idaho Code / Title 19 / Chapter 32 / Section 19-3206
19-3206 ORDER FOR COMMISSION.
Status: in_force

19-3206. Order for commission. If the court or judge to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony, and the court or judge may insert in the order a direction that the trial of the indictment be stayed for a specified time, reasonably sufficient for the execution and return of the commission.

History:

[(19-3206) Cr. Prac. 1864, secs. 555, 556, p. 281; R.S., R.C., & C.L., sec. 8181; C.S., sec. 9157; I.C.A., sec. 19-3106.]
Idaho Code § 19-1720 — Idaho Code / Title 19 / Chapter 17 / Section 19-1720
19-1720 REFUSAL TO ANSWER.
Status: in_force

19-1720. Refusal to answer. If the defendant refuses to answer the indictment by demurrer or plea, a plea of not guilty must be entered.

History:

[(19-1720) Cr. Prac. 1864, sec. 304, p. 249; R.S., R.C., & C.L., sec. 7763; C.S., sec. 8887; I.C.A., sec. 19-1620.]
Idaho Code § 19-2128 — Idaho Code / Title 19 / Chapter 21 / Section 19-2128
19-2128 DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR.
Status: in_force

19-2128. Discharge of juror for illness or disability — Substitute juror. If, before the conclusion of the trial, a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterwards impaneled; provided, however, that where substitute jurors have been impaneled in the manner provided by law, such substitute juror or jurors shall be used as provided by the law authorizing the impaneling of substitute jurors.

History:

[(19-2128) Cr. Prac. 1864, sec. 381, p. 259; R.S., R.C., & C.L., sec. 7882; C.S., sec. 8968; am. 1923, ch. 31, sec. 1, p. 34; I.C.A., sec. 19-2028.]
Idaho Code § 19-4013 — Idaho Code / Title 19 / Chapter 40 / Section 19-4013
19-4013 EXTENT OF JUDGMENT.
Status: in_force

19-4013. Extent of judgment. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office in this state.

History:

[(19-4013) Cr. Prac. 1864, sec. 63, p. 221; R.S., R.C., & C.L., sec. 7437; C.S., sec. 8666; I.C.A., sec. 19-4113.]
Idaho Code § 19-2520G — Idaho Code / Title 19 / Chapter 25 / Section 19-2520G
19-2520G MANDATORY MINIMUM SENTENCING.
Status: in_force

19-2520G. Mandatory minimum sentencing. (1) Pursuant to section 13, article V of the Idaho constitution, the legislature intends to provide mandatory minimum sentences for repeat offenders who have previously been found guilty of or pleaded guilty to child sexual abuse. The legislature hereby finds and declares that the sexual exploitation of children constitutes a wrongful invasion of a child and results in social, developmental and emotional injury to the child. It is the policy of the legislature to protect children from the physical and psychological damage caused by their being used in sexual conduct. In order to protect children from becoming victims of this type of conduct by perpetrators, it is necessary to provide the mandatory minimum sentencing format contained in subsection (2) of this section. By enacting mandatory minimum sentences, the legislature does not seek to limit the court's power to impose in any case a longer sentence as provided by law.

(2) Any person who is found guilty of or pleads guilty to any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code, or any attempt or conspiracy to commit such a crime, shall be sentenced to a mandatory minimum term of confinement to the custody of the state board of correction for a period of not less than fifteen (15) years, if it is found by the trier of fact that previous to the commission of such crime the defendant has been found guilty of or has pleaded guilty to a violation of any crime or an offense committed in this state or another state which, if committed in this state, would require the person to register as a sexual offender as set forth in section 18-8304, Idaho Code.

(3) The mandatory minimum term provided in this section shall be imposed where the aggravating factor is separately charged in the information or indictment and admitted by the accused or found to be true by the trier of fact at a trial of the substantive crime. A court shall not have the power to suspend, withhold, retain jurisdiction, or commute a mandatory minimum sentence imposed pursuant to this section. Any sentence imposed under the provisions of this section shall run consecutive to any other sentence imposed by the court.

History:

[19-2520G, added 1993, ch. 152, sec. 1, p. 387; am. 2006, ch. 154, sec. 1, p. 469; am. 2011, ch. 311, sec. 25, p. 903.]
Idaho Code § 19-2407 — Idaho Code / Title 19 / Chapter 24 / Section 19-2407
19-2407 TIME FOR APPLICATION.
Status: in_force

19-2407. Time for application. The application for a new trial may be made before or after judgment; and must be made within the time provided by the Idaho criminal rules unless the court or judge extends the time.

History:

[(19-2407) Cr. Prac. 1864, sec. 428, p. 264; R.S., R.C., & C.L., sec. 7953; C.S., sec. 9018; I.C.A., sec. 19-2308; am. 1989, ch. 83, sec. 1, p. 145; am. 1993, ch. 87, sec. 1, p. 216.]
Idaho Code § 19-1711 — Idaho Code / Title 19 / Chapter 17 / Section 19-1711
19-1711 OBJECTIONS MUST BE TAKEN BY DEMURRER.
Status: in_force

19-1711. Objections must be taken by demurrer. When the objections declared grounds of demurrer by this chapter appear upon the face of the indictment, they can only be taken by demurrer, except that the objections to the jurisdiction of the court over the subject of the indictment, or that the facts stated do not constitute a public offense, may be taken at the trial under the plea of not guilty, or after the trial in arrest of judgment.

History:

[(19-1711) Cr. Prac. 1864, sec. 293, p. 248; R.S., R.C., & C.L., sec. 7750; C.S., sec. 8878; I.C.A., sec. 19-1611.]
Idaho Code § 19-4213 — Idaho Code / Title 19 / Chapter 42 / Section 19-4213
19-4213 RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE OF REVOCATION OF PAROLE.
Status: in_force

19-4213. Relief available for constitutional violations during the course of revocation of parole. (1) If a court finds that an in-state prisoner's constitutional rights have been violated during the course of revocation of his parole, the court may, upon specific findings of fact and conclusions of law, enter an order directing that the parole revocation proceedings be reconvened. The order shall identify the constitutional violation which occurred and direct that the violation be cured.

(2) The Idaho commission of pardons and parole has the exclusive authority to order release of an in-state prisoner on parole pursuant to chapter 10, title 20, Idaho Code.

History:

[19-4213, added 1999, ch. 376, sec. 2, p. 1031; am. 2000, ch. 271, sec. 7, p. 783; am. 2021, ch. 196, sec. 24, p. 540.]
Idaho Code § 19-6303 — Idaho Code / Title 19 / Chapter 63 / Section 19-6303
19-6303 DEFINITIONS.
Status: in_force

19-6303. definitions. As used in this chapter:

(1) "Crime" means any felony or misdemeanor committed in this state that results in a conviction.

(2) "Exploit" or "exploitation" means knowingly and commercially deriving financial gain where the criminal notoriety of a crime is a substantial contributing factor to the value of the proceeds. Incidental, educational, journalistic, or expressive references to a crime that are not undertaken for the purpose of deriving commercial gain from criminal notoriety shall not constitute exploitation under the provisions of this chapter.

(3) "Notoriety of a crime" means the public attention from a crime when directly connected to the offender's part in the crime.

(4) "Offender" means a person convicted of a criminal offense in this state.

(5) "Proceeds" means any money, royalties, or other thing of value received by an offender that is derived from the criminal notoriety of a crime, regardless of the medium or form in which the proceeds are generated.

(6) "Victim" is as defined in section 19-5304, Idaho Code.

History:

[19-6303, added 2026, ch. 39, sec. 2, p. 167.]
Idaho Code § 19-3108 — Idaho Code / Title 19 / Chapter 31 / Section 19-3108
19-3108 SUBPOENA FOR WITNESS.
Status: in_force

19-3108. Subpoena for witness. The attendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken.

History:

[(19-3108) R.S., R.C., & C.L., sec. 8167; C.S., sec. 9147; I.C.A., sec. 19-3008.]
Idaho Code § 19-2028 — Idaho Code / Title 19 / Chapter 20 / Section 19-2028
19-2028 EXHAUSTION OF CHALLENGES FOR CAUSE.
Status: in_force

19-2028. Exhaustion of challenges for cause. All challenges to an individual juror, except peremptory, must be taken, first by the people, and then by the defendant, and each party must exhaust all his challenges for cause before the other begins.

History:

[(19-2028) Cr. Prac. 1864, sec. 351, p. 254; R.S., R.C., & C.L., sec. 7846; C.S., sec. 8938; I.C.A., sec. 19-1928.]
Idaho Code § 19-406 — Idaho Code / Title 19 / Chapter 4 / Section 19-406
19-406 COMMENCEMENT OF PROSECUTIONS FOR SEXUAL EXPLOITATION BY MEDICAL CARE PROVIDER.
Status: in_force

19-406. Commencement of prosecutions for sexual exploitation by medical care provider. A prosecution for sexual exploitation by a medical care provider under section 18-919, Idaho Code, must be commenced by the filing of the complaint or the finding of an indictment within two (2) years after its commission.

History:

[19-406, added 1996, ch. 300, sec. 2, p. 989.]
Idaho Code § 19-2113 — Idaho Code / Title 19 / Chapter 21 / Section 19-2113
19-2113 BIGAMY — PROOF OF MARRIAGE.
Status: in_force

19-2113. Bigamy — Proof of marriage. Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.

History:

[I.C., sec. 19-2113, as added by 1972, ch. 336, sec. 8, p. 988.]
Idaho Code § 19-1106 — Idaho Code / Title 19 / Chapter 11 / Section 19-1106
19-1106 EVIDENCE FOR DEFENDANT.
Status: in_force

19-1106. Evidence for defendant. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require the prosecuting attorney to issue process for the witnesses.

History:

[(19-1106) Cr. Prac. 1864, sec. 207, p. 237; R.S., R.C., & C.L., sec. 7635; C.S., sec. 8794; I.C.A., sec. 19-1006.]
Idaho Code § 19-4503 — Idaho Code / Title 19 / Chapter 45 / Section 19-4503
19-4503 FORM OF DEMAND.
Status: in_force

19-4503. Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing, alleging, except in cases arising under section 19-4506, Idaho Code, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state. Such demand must be accompanied by a copy of an indictment or by information supported by affidavit of probable cause, judicial finding of probable cause, or plea of guilty, as reflected in any document from the court in the demanding state, or by affidavit made before a judge or magistrate, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has fled the state after being charged with a crime, escaped from confinement, or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the judge or magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy of the indictment, information, affidavit, or judgment of conviction or sentence must be authenticated by the executive authority making the demand.

History:

[(19-4503) 1927, ch. 29, sec. 3, p. 31; I.C.A., sec. 19-4603; am. 2008, ch. 136, sec. 3, p. 386.]
Idaho Code § 19-515 — Idaho Code / Title 19 / Chapter 5 / Section 19-515
19-515 NO UNNECESSARY DELAY — ATTORNEY MAY VISIT DEFENDANT.
Status: in_force

19-515. No unnecessary delay — Attorney may visit defendant. The defendant must in all cases be taken before the magistrate without unnecessary delay, and any attorney at law entitled to practice in courts of record of the state of Idaho may, at the request of the prisoner after such arrest, visit the person so arrested.

History:

[(19-515) Cr. Prac. 1864, sec. 116, p. 228; R.S., R.C., & C.L., sec. 7529; C.S., sec. 8720; I.C.A., sec. 19-515.]
Idaho Code § 19-620 — Idaho Code / Title 19 / Chapter 6 / Section 19-620
19-620 DEFINITION.
Status: in_force

19-620. Definition. For the purpose of this act, a "temporary road block" means any structure, device or means used by duly authorized law enforcement officers of the state of Idaho and of its political subdivisions for the purpose of controlling all traffic through a point on a highway whereby all vehicles may be slowed or stopped.

History:

[19-620, added 1957, ch. 31, sec. 1, p. 49.]
Idaho Code § 19-2127 — Idaho Code / Title 19 / Chapter 21 / Section 19-2127
19-2127 ADMONISHMENT OF JURY ON ADJOURNMENTS.
Status: in_force

19-2127. Admonishment of jury on adjournments. The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with anyone else on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them.

History:

[(19-2127) Cr. Prac. 1864, sec. 380, p. 259; R.S., R.C., & C.L., sec. 7881; C.S., sec. 8967; I.C.A., sec. 19-2027.]
Idaho Code § 19-3201 — Idaho Code / Title 19 / Chapter 32 / Section 19-3201
19-3201 EXAMINATION OF NONRESIDENT WITNESS.
Status: in_force

19-3201. Examination of nonresident witness. When an issue of fact is joined upon an indictment the defendant may have any material witness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise.

History:

[(19-3201) R.S., R.C., & C.L., sec. 8176; C.S., sec. 9152; I.C.A., sec. 19-3101.]
Idaho Code § 19-1417 — Idaho Code / Title 19 / Chapter 14 / Section 19-1417
19-1417 WORDS OF STATUTE.
Status: in_force

19-1417. Words of statute. Words used in a statute to define a public offense need not be strictly pursued in the indictment; but other words conveying the same meaning may be used.

History:

[(19-1417) Cr. Prac. 1864, sec. 241, p. 242; R.S., R.C., & C.L., sec. 7685; C.S., sec. 8833; I.C.A., sec. 19-1317.]
Idaho Code § 19-2913 — Idaho Code / Title 19 / Chapter 29 / Section 19-2913
19-2913 SURRENDER OF DEFENDANT.
Status: in_force

19-2913. surrender of defendant. (1) At any time before forfeiture of bail, a surety insurance company or its bail agent or person posting a property bond or cash deposit may surrender the defendant to the sheriff of the county where the action is pending. Upon the surrender of the defendant, the sheriff shall accept and incarcerate the defendant in lieu of the bail originally set by the court.

(2) At the time of surrender of the defendant to the sheriff, the surety insurance company or its bail agent or person posting a property bond or cash deposit shall provide the sheriff with a certificate of surrender.

(3) The surety insurance company or its bail agent or person posting a property bond or cash deposit shall, within five (5) business days of the surrender of the defendant, file with the court in which the action or appeal is pending the certificate of surrender and shall deliver a copy of the same to the attorney for the state. The court shall thereupon order the bail exonerated.

(4) At any time before forfeiture of bail, a defendant may surrender himself to the sheriff of the county where the action is pending. Upon surrender by the defendant, the sheriff shall accept and incarcerate the defendant in lieu of the bail originally set by the court.

History:

[19-2913, added 2009, ch. 90, sec. 2, p. 262.]
Idaho Code § 19-2302 — Idaho Code / Title 19 / Chapter 23 / Section 19-2302
19-2302 PRESENCE OF DEFENDANT.
Status: in_force

19-2302. Presence of defendant. If indicted for a felony, the defendant must, before the verdict is received, appear in person. If for a misdemeanor, the verdict may be rendered in his absence.

History:

[(19-2302) Cr. Prac. 1864, sec. 402, p. 261; R.S., R.C., & C.L., sec. 7916; C.S., sec. 8987; I.C.A., sec. 19-2202.]
Idaho Code § 19-4907 — Idaho Code / Title 19 / Chapter 49 / Section 19-4907
19-4907 HEARING — EVIDENCE — ORDER — PRESENCE OF APPLICANT.
Status: in_force

19-4907. Hearing — Evidence — Order — Presence of applicant. (a) The application shall be heard in, and before any judge of, the court in which the conviction took place. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings including pre-trial, discovery and appellate procedures are available to the parties. The court may receive proof by affidavits, depositions, oral testimony, or other evidence and may order the applicant brought before it for the hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.

(b) The applicant should be produced at the hearing on a motion attacking a sentence where there are substantial issues of fact as to evidence in which he participated. The sentencing court has discretion to ascertain whether the claim is substantial before granting a full evidentiary hearing and requiring the applicant to be present.

History:

[19-4907, added 1967, ch. 25, sec. 7, p. 42.]
Idaho Code § 19-5605 — Idaho Code / Title 19 / Chapter 56 / Section 19-5605
19-5605 DRUG COURT EVALUATION.
Status: in_force

19-5605. Drug court evaluation. The district court of each county which has implemented a drug court program shall annually evaluate the program's effectiveness and provide a report to the supreme court as requested. A report evaluating the effectiveness of drug courts in the state shall be submitted to the governor and to the legislature by the first day of the legislative session each year.

History:

[19-5605, added 2001, ch. 337, sec. 1, p. 1197.]
Idaho Code § 19-1111 — Idaho Code / Title 19 / Chapter 11 / Section 19-1111
19-1111 WHO MAY BE PRESENT AT SESSIONS OF JURY.
Status: in_force

19-1111. Who may be present at sessions of jury. The grand jury may, at all reasonable times, ask the advice of the court, or the judge thereof, or of the prosecuting attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The prosecuting attorney of the county may at all times appear before the grand jury for the purpose of giving them information or advice relative to any matter cognizable by them, and may interrogate witnesses before them whenever they or he think it necessary, but no other person is permitted to be present during the sessions of the grand jury, except the members, witnesses actually under examination, an interpreter when necessary, a supporting person for a child witness requested by the prosecuting attorney as authorized by section 19-3023, Idaho Code, and the person designated by the district judge or the presiding juror to report the proceedings, and no person must be permitted to be present during the expressions of their opinions, or giving their votes upon any matter before them.

History:

[(19-1111) Cr. Prac. 1864, sec. 212, p. 238; R.S., R.C., & C.L., sec. 7640; C.S., sec. 8799; I.C.A., sec. 19-1011; am. 2023, ch. 42, sec. 1, p. 177.]
Idaho Code § 19-3919 — Idaho Code / Title 19 / Chapter 39 / Section 19-3919
19-3919 DISCHARGE OF JURY.
Status: in_force

19-3919. Discharge of jury. The jury cannot be discharged after the cause is submitted to them until they have agreed upon and rendered their verdict unless, for good cause the court sooner discharges them.

History:

[(19-3919) Cr. Prac. 1864, sec. 610, p. 289; R.S., R.C., & C.L., sec. 8297; C.S., sec. 9245; I.C.A., sec. 19-4019.]
Idaho Code § 19-1808 — Idaho Code / Title 19 / Chapter 18 / Section 19-1808
19-1808 REMOVAL ON APPLICATION OF STATE.
Status: in_force

19-1808. Removal on application of state. The district courts of this state, within their respective districts, are hereby empowered to change the place of trial in criminal cases, other than misdemeanors, upon the application of the state, on the relation of the county attorney of the county in which any indictment or information may be filed, or upon the relation of any attorney duly and especially appointed to prosecute said cause, such application to be sustained by the affidavits of at least two (2) resident taxpayers in the county where the offense is alleged to have been committed, on the ground that a fair and impartial trial cannot be had in the county where the criminal act is alleged to have been committed.

History:

[(19-1808) 1907, p. 168, sec. 1; reen. R.C. & C.L., sec. 7775; C.S., sec. 8895; I.C.A., sec. 19-1708.]
Idaho Code § 19-1015 — Idaho Code / Title 19 / Chapter 10 / Section 19-1015
19-1015 SPECIAL GRAND JURY.
Status: in_force

19-1015. Special grand jury. If an offense is committed during the sitting of the court, after the discharge of the grand jury, the court may, in its discretion, direct an order to be entered that the sheriff summon another grand jury.

History:

[(19-1015) Cr. Prac. 1864, sec. 192, p. 236; R.S., R.C., & C.L., sec. 7621; C.S., sec. 8785; I.C.A., sec. 19-915.]
Idaho Code § 19-3607 — Idaho Code / Title 19 / Chapter 36 / Section 19-3607
19-3607 APPEARANCE AND PLEA.
Status: in_force

19-3607. Appearance and plea. If an indictment is found, the corporation may appear by counsel to answer the same. If it does not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases.

History:

[(19-3607) 1874, p. 363, sec. 589; R.S., R.C., & C.L., sec. 8228; C.S., sec. 9188; I.C.A., sec. 19-3507.]
Idaho Code § 19-4511 — Idaho Code / Title 19 / Chapter 45 / Section 19-4511
19-4511 PENALTY FOR NONCOMPLIANCE WITH SECTION 19-4510, IDAHO CODE.
Status: in_force

19-4511. Penalty for noncompliance with section 19-4510, Idaho Code. Any officer who shall deliver to the agent of the demanding state a person in his custody for extradition under the governor's warrant, in willful disobedience to section 19-4510, Idaho Code, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000), or be imprisoned not more than six (6) months, or both.

History:

[(19-4511) 1927, ch. 29, sec. 11, p. 31; I.C.A., sec. 19-4611; am. 2008, ch. 136, sec. 10, p. 388.]
Idaho Code § 19-1001 — Idaho Code / Title 19 / Chapter 10 / Section 19-1001
19-1001 CHALLENGE — BY WHOM MADE.
Status: in_force

19-1001. Challenge — By whom made. The people, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual juror.

History:

[(19-1001) Cr. Prac. 1864, sec. 177, p. 235; R.S., R.C., & C.L., sec. 7607; C.S., sec. 8771; I.C.A., sec. 19-901.]
Idaho Code § 19-2411 — Idaho Code / Title 19 / Chapter 24 / Section 19-2411
19-2411 DISCHARGE OR DETENTION OF DEFENDANT.
Status: in_force

19-2411. Discharge or detention of defendant. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment can be framed, upon which he may be convicted, the court may order him to be recommitted to the office of the proper county, or admitted to bail anew, to answer the new indictment. If the evidence shows him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution or indictment. But if no evidence appears sufficient to charge him with any offense he must, if in custody, be discharged; or if admitted to bail, his bail is exonerated; or if money has been deposited instead of bail, it must be refunded to the defendant; and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment was founded.

History:

[(19-2411) Cr. Prac. 1864, sec. 433, p. 265; R.S., R.C., & C.L., sec. 7963; C.S., sec. 9022; I.C.A., sec. 19-2312.]
Idaho Code § 19-4529 — Idaho Code / Title 19 / Chapter 45 / Section 19-4529
19-4529 EXTRADITION OF PERSONS IMPRISONED OR CHARGED IN ANOTHER STATE OR WHO HAVE LEFT DEMANDING STATE INVOLUNTARILY — AUTHORIZED SIGNATURE OF GOVERNOR.
Status: in_force

19-4529. Extradition of persons imprisoned or charged in another state or who have left demanding state involuntarily — Authorized signature of governor. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.

(2) The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 19-4523, Idaho Code, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.

(3) Any written, stamped, photocopied or electronic signature of the governor on documents executed pursuant to subsections (1) and (2) of this section, applied at his direction and under his supervision, is deemed to be the authorized signature of the governor.

History:

[19-4529, added 2008, ch. 136, sec. 31, p. 394.]
Idaho Code § 19-4414 — Idaho Code / Title 19 / Chapter 44 / Section 19-4414
19-4414 DISPOSITION OF PROPERTY.
Status: in_force

19-4414. Disposition of property. When the property is delivered to the magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 19-3801—19-3806 inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisions of section 19-4402, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property taken is triable.

History:

[(19-4414) Cr. Prac. 1864, sec. 642, p. 292; R.S., R.C., & C.L., sec. 8403; C.S., sec. 9332; I.C.A., sec. 19-4514.]
Idaho Code § 19-4906 — Idaho Code / Title 19 / Chapter 49 / Section 19-4906
19-4906 PLEADINGS AND JUDGMENT ON PLEADINGS.
Status: in_force

19-4906. Pleadings and judgment on pleadings. (a) Within 30 days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.

(b) When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply within 20 days to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or, direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact.

(c) The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

History:

[19-4906, added 1967, ch. 25, sec. 6, p. 42.]
Idaho Code § 19-2801 — Idaho Code / Title 19 / Chapter 28 / Section 19-2801
19-2801 CRIMINAL JUDGMENTS AND ORDERS APPEALABLE — TIME FOR TAKING APPEALS.
Status: in_force

19-2801. Criminal judgments and orders appealable — Time for taking appeals. An appeal may be taken to the supreme court from the district court in a criminal action by such parties from such judgments and orders of the district court, and within such times and in such manner as prescribed by rule of the supreme court.

History:

[19-2801, added 1977, ch. 170, sec. 10, p. 438.]
Idaho Code § 19-3702 — Idaho Code / Title 19 / Chapter 37 / Section 19-3702
19-3702 IMMATERIAL ERRORS DISREGARDED.
Status: in_force

19-3702. Immaterial errors disregarded. Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice in respect to a substantial right.

History:

[(19-3702) Cr. Prac. 1864, sec. 588, p. 285; R.S., R.C., & C.L., sec. 8236; C.S., sec. 9191; I.C.A., sec. 19-3602.]
Idaho Code § 19-2914 — Idaho Code / Title 19 / Chapter 29 / Section 19-2914
19-2914 ARREST OF DEFENDANT FOR SURRENDER.
Status: in_force

19-2914. arrest of defendant for surrender. At any time before the exoneration of bail, the surety insurance company or its bail agent or the person posting a property bond or cash deposit may empower a bail enforcement agent to arrest the defendant at any place within the state by signing an affidavit extending such authority.

History:

[19-2914, added 2009, ch. 90, sec. 2, p. 262; am. 2019, ch. 266, sec. 1, p. 778; am. 2020, ch. 126, sec. 1, p. 394.]
Idaho Code § 19-707 — Idaho Code / Title 19 / Chapter 7 / Section 19-707
19-707 SHORT TITLE.
Status: in_force

19-707. Short title. This act may be cited as the "Uniform Act on Fresh Pursuit."

History:

[19-707, added 1941, ch. 69, sec. 8, p. 133.]
Idaho Code § 19-501 — Idaho Code / Title 19 / Chapter 5 / Section 19-501
19-501 DEFINITION OF COMPLAINT.
Status: in_force

19-501. Definition of complaint. The complaint is the allegation in writing, made to a magistrate, that a person has been guilty of some designated public offense.

History:

[(19-501) Cr. Prac. 1864, sec. 99, p. 226; R.S., R.C., & C.L., sec. 7509; C.S., sec. 8706; I.C.A., sec. 19-501; am. 1969, ch. 79, sec. 1, p. 230.]
Idaho Code § 19-1011 — Idaho Code / Title 19 / Chapter 10 / Section 19-1011
19-1011 OATH OF FOREMAN.
Status: in_force

19-1011. Oath of foreman. The following oath must be administered to the foreman of the grand jury:

You, as foreman of the grand jury, will diligently inquire into and true presentment make, of all public offenses against the state of Idaho, committed or triable within this county, of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows, and of the government, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said nor the manner in which you or any other grand juror may have voted in any matter before you. You will present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor or affection, or for any reward or the promise or hope thereof; but in all your presentments you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God.

History:

[(19-1011) Cr. Prac. 1864, sec. 187, p. 236; R.S., R.C., & C.L., sec. 7617; C.S., sec. 8781; I.C.A., sec. 19-911.]
Idaho Code § 19-1010 — Idaho Code / Title 19 / Chapter 10 / Section 19-1010
19-1010 APPOINTMENT OF FOREMAN.
Status: in_force

19-1010. Appointment of foreman. From the persons summoned to serve as grand jurors and appearing, the court must appoint a foreman. The court must also appoint a foreman when the person already appointed is excused or discharged before the grand jury is dismissed.

History:

[(19-1010) Cr. Prac. 1864, sec. 186, p. 235; R.S., R.C., & C.L., sec. 7616; C.S., sec. 8780; I.C.A., sec. 19-910.]
Idaho Code § 19-5802 — Idaho Code / Title 19 / Chapter 58 / Section 19-5802
19-5802 DISCLOSURE OF RESIDENTIAL STREET ADDRESS AND TELEPHONE NUMBER PROHIBITED — EXCEPTIONS.
Status: in_force

19-5802. disclosure of residential street address and telephone number prohibited — exceptions. Notwithstanding any other provision of state law, a public agency shall not disclose to any person or entity the Idaho residential street address and telephone number of a law enforcement officer and such officer's residing household member(s) upon submission of an application and fee consistent with the provisions of section 19-5803, Idaho Code, except under any of the following circumstances:

(1) If directed by a court order, to a person identified in the court order;

(2) If requested by a law enforcement agency, to the law enforcement agency;

(3) If requested by a financial institution or title company for business purposes, to the requesting financial institution or title company; or

(4) If the law enforcement officer provides written permission for disclosure of such information.

History:

[19-5802, added 2010, ch. 225, sec. 2, p. 505.]
Idaho Code § 19-1407 — Idaho Code / Title 19 / Chapter 14 / Section 19-1407
19-1407 RULES OF PLEADING.
Status: in_force

19-1407. Rules of pleading. All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by this code.

History:

[(19-1407) Cr. Prac. 1864, sec. 231, p. 241; R.S., R.C., & C.L., sec. 7675; C.S., sec. 8823; I.C.A., sec. 19-1307.]
Idaho Code § 19-5008 — Idaho Code / Title 19 / Chapter 50 / Section 19-5008
19-5008 DISTRIBUTION OF COPIES OF ACT.
Status: in_force

19-5008. Distribution of copies of act. Copies of this act shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.

History:

[19-5008, added 1971, ch. 167, sec. 8, p. 790.]
Idaho Code § 19-2827 — Idaho Code / Title 19 / Chapter 28 / Section 19-2827
19-2827 REVIEW OF DEATH SENTENCES — PRESERVATION OF RECORDS.
Status: in_force

19-2827. Review of death sentences — Preservation of records. (a) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the supreme court of Idaho. The clerk of the trial court, within ten (10) days after receiving the transcript, shall transmit the entire record and transcript to the supreme court of Idaho and to the attorney general together with a notice prepared by the clerk and, if a jury has been waived for sentencing, a report prepared by the trial judge setting forth the findings required by section 19-2515(8)(b), Idaho Code, and such other matters concerning the sentence imposed as may be required by the supreme court. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney(s), a narrative statement of the judgment, the offense, and punishment prescribed. The report may be in the form of a standard questionnaire prepared and supplied by the supreme court of Idaho.

(b) The supreme court of Idaho shall consider the punishment as well as any errors enumerated by way of appeal.

(c) With regard to the sentence the court shall determine:

(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and

(2) Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance from among those enumerated in section 19-2515, Idaho Code.

(d) Both the defendant and the state shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court.

(e) In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:

(1) Affirm the sentence of death; or

(2) Set the sentence aside and remand the case for resentencing by a jury or, if waived, the trial judge.

(f) The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration.

(g) The supreme court shall collect and preserve the records of all cases in which the penalty of death was imposed from and including the year 1975.

History:

[19-2827, added 1977, ch. 154, sec. 5, p. 393; am. 1994, ch. 127, sec. 1, p. 285; am. 2006, ch. 155, sec. 1, p. 470.]
Idaho Code § 19-5107 — Idaho Code / Title 19 / Chapter 51 / Section 19-5107
19-5107 RULES AND REGULATIONS.
Status: in_force

19-5107. Rules and regulations. The council shall promulgate, amend and rescind such rules and regulations in accordance with the provisions of chapter 52, title 67, Idaho Code, it deems necessary to carry out the provisions of this chapter.

History:

[19-5107, added 1981, ch. 307, sec. 2, p. 630.]
Idaho Code § 19-5002 — Idaho Code / Title 19 / Chapter 50 / Section 19-5002
19-5002 APPROPRIATE COURT — DEFINED.
Status: in_force

19-5002. Appropriate court — Defined. The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean the state district courts.

History:

[19-5002, added 1971, ch. 167, sec. 2, p. 790.]
Idaho Code § 19-4101 — Idaho Code / Title 19 / Chapter 41 / Section 19-4101
19-4101 PRESENTATION OF ACCUSATION.
Status: in_force

19-4101. Presentation of accusation. An accusation in writing against any district, county, precinct, or municipal officer, for wilful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.

History:

[(19-4101) Cr. Prac. 1864, sec. 67, p. 221; R.S., R.C., & C.L., sec. 7445; C.S., sec. 8670; I.C.A., sec. 19-4201.]
Idaho Code § 19-1406 — Idaho Code / Title 19 / Chapter 14 / Section 19-1406
19-1406 INDICTMENT OF DEFENDANT NOT IN CUSTODY.
Status: in_force

19-1406. Indictment of defendant not in custody. When an indictment is found against a defendant not in custody, the same proceedings must be had as are described by sections 19-1501 to 19-1516, against a defendant who fails to appear for arraignment.

History:

[(19-1406) Cr. Prac. 1864, sec. 230, p. 241; R.S., R.C., & C.L., sec. 7670; C.S., sec. 8822; I.C.A., sec. 19-1306.]
Idaho Code § 19-1410 — Idaho Code / Title 19 / Chapter 14 / Section 19-1410
19-1410 FORM OF INDICTMENT.
Status: in_force

19-1410. Form of indictment. It may be substantially in the following form:

The state of Idaho against A.B., in the district court of the …. judicial district, in the county of ….. …. term, …..

A.B. is accused by the grand jury of the county of …. by this indictment, of the crime of (giving its legal appellation, such as murder, arson, or the like), committed as follows:

The said A.B., on the …. day of …., …., at the county of …., (here set forth the act or omission charged as an offense).

History:

[(19-1410) Cr. Prac. 1864, sec. 234, p. 242; R.S., R.C., & C.L., sec. 7678; C.S., sec. 8826; I.C.A., sec. 19-1310; am. 2002, ch. 32, sec. 3, p. 48.]
Idaho Code § 19-4802 — Idaho Code / Title 19 / Chapter 48 / Section 19-4802
19-4802 LEGISLATIVE INTENT.
Status: in_force

19-4802. legislative intent. The local governments and state agencies and departments that comprise and interact with the criminal justice system in Idaho possess a wealth of data. A centralized data repository to manage and link data across separate entities will aid in evaluating the effectiveness of the criminal justice system and enable data-driven, cost-saving decision-making on issues facing the criminal justice system in Idaho. The Criminal Justice Integrated Data System establishes the legal framework by which the various contributing entities may share, integrate, merge, observe, examine, and research siloed data in a way that protects sensitive or legally protected personal information.

History:

[19-4802, added 2020, ch. 239, sec. 1, p. 697.]
Idaho Code § 19-2002 — Idaho Code / Title 19 / Chapter 20 / Section 19-2002
19-2002 DEFENDANTS MUST JOIN IN CHALLENGE.
Status: in_force

19-2002. Defendants must join in challenge. When several defendants are tried together they can not sever their challenges, but must join therein.

History:

[(19-2002) Cr. Prac. 1864, sec. 319, p. 250; R.S., R.C., & C.L., sec. 7816; C.S., sec. 8912; I.C.A., sec. 19-1902.]
Idaho Code § 19-312 — Idaho Code / Title 19 / Chapter 3 / Section 19-312
19-312 MURDER OR MANSLAUGHTER.
Status: in_force

19-312. Murder or manslaughter. The venue of a criminal action for murder or manslaughter, when the injury which caused the death was inflicted in one county and the party injured dies in another county or out of the state, is in the county where the injury was inflicted.

History:

[19-312, added 1972, ch. 336, sec. 4, p. 985; am. 1986, ch. 289, sec. 12, p. 731.]
Idaho Code § 19-4222 — Idaho Code / Title 19 / Chapter 42 / Section 19-4222
19-4222 PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL ILLNESS REQUIRED.
Status: in_force

19-4222. Prior showing of physical injury or mental illness required. No civil action may be brought by a prisoner confined in a state, local or private correctional facility for mental or emotional injury suffered while in custody without a prior showing of either:

(1) Physical injury; or

(2) Diagnosed severe and disabling mental illness.

History:

[19-4222, added 1999, ch. 376, sec. 2, p. 1034; am. 2000, ch. 271, sec. 14, p. 785.]
Idaho Code § 19-611 — Idaho Code / Title 19 / Chapter 6 / Section 19-611
19-611 BREAKING DOORS AND WINDOWS.
Status: in_force

19-611. Breaking doors and windows. To make an arrest, if the offense is a felony, a private person, if any public offense, a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which there is reasonable ground for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired.

History:

[(19-611) Cr. Prac. 1864, secs. 129, 132, 139, pp. 229 and 230; R.S., R.C., & C.L., sec. 7548; C.S., sec. 8734; I.C.A., sec. 19-611.]
Idaho Code § 19-1006 — Idaho Code / Title 19 / Chapter 10 / Section 19-1006
19-1006 CHALLENGE TO PANEL — EFFECT OF ALLOWANCE.
Status: in_force

19-1006. Challenge to panel — Effect of allowance. If a challenge to the panel is allowed the grand jury are prohibited from inquiring into the charge against the defendant, by whom the challenge was interposed. If, notwithstanding, they do so, and find an indictment against him, the court must direct it to be set aside.

History:

[(19-1006) Cr. Prac. 1864, sec. 182, p, 235; R.S., R.C., & C.L., sec. 7612; C.S., sec. 8776; I.C.A., sec. 19-906.]
Idaho Code § 19-2114 — Idaho Code / Title 19 / Chapter 21 / Section 19-2114
19-2114 FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT WITNESSES.
Status: in_force

19-2114. Forging bank bills — Proof of incorporation — Expert witnesses. Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing or attempting to pass, or having in his possession, with intent to pass, any such forged bill or note, it is not necessary to prove the incorporation of such bank or company by the charter or act of incorporation, but it may be proved by a general reputation, and persons of skill are competent witnesses to prove that such bill or note is forged or counterfeited.

History:

[19-2114, added 1972, ch. 336, sec. 8, p. 988.]
Idaho Code § 19-3401 — Idaho Code / Title 19 / Chapter 34 / Section 19-3401
19-3401 COMPROMISE OF OFFENSES AFTER SATISFACTION.
Status: in_force

19-3401. Compromise of offenses after satisfaction. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, except when it is committed:

1. By or upon an officer of justice, while in the execution of the duties of his office.

2. Riotously.

3. With an intent to commit a felony.

4. As an act of domestic violence as defined in section 39-6303(1), Idaho Code.

History:

[(19-3401) Cr. Prac. 1864, sec. 661, p. 295; R.S., R.C., & C.L., sec. 8205; C.S., sec. 9173; I.C.A., sec. 19-3301; am. 1998, ch. 209, sec. 1, p. 737.]
Idaho Code § 19-706 — Idaho Code / Title 19 / Chapter 7 / Section 19-706
19-706 CERTIFICATION OF ACT TO OTHER STATES.
Status: in_force

19-706. Certification of act to other states. Upon the passage and approval by the governor of this act, it shall be the duty of the secretary of state (or other officer) to certify a copy of this act to the executive department of each of the states of the United States.

History:

[19-706, added 1941, ch. 69, sec. 6, p. 133.]
Idaho Code § 19-1814 — Idaho Code / Title 19 / Chapter 18 / Section 19-1814
19-1814 REMOVAL ON APPLICATION OF STATE — CERTIFICATE OF COSTS.
Status: in_force

19-1814. Removal on application of state — Certificate of costs. The clerk of the court in the county to which said action is, or may be, removed must certify the amount of said costs to the auditor of the proper county, which must be allowed and paid as other county charges.

History:

[(19-1814) 1907, p. 168, sec. 7; reen. R.C. & C.L., sec. 7779b; C.S., sec. 8901; I.C.A., sec. 19-1714.]
Idaho Code § 19-3933 — Idaho Code / Title 19 / Chapter 39 / Section 19-3933
19-3933 DISCHARGE UPON PAYMENT OF FINE.
Status: in_force

19-3933. Discharge upon payment of fine. Upon payment of the fine, or costs, or fine and costs, the officer must discharge the defendant if he is not detained for any other legal cause.

History:

[(19-3933) Cr. Prac. 1864, sec. 625, p. 290; R.S., sec. 8311; am. 1899, p. 379, sec. 8; reen. R.C. & C.L., sec. 8311; C.S., sec. 9259; I.C.A., sec. 19-4033.]
Idaho Code § 19-5108 — Idaho Code / Title 19 / Chapter 51 / Section 19-5108
19-5108 MEETINGS — QUORUM — VOTES — ADVISORY AND EX OFFICIO MEMBERS.
Status: in_force

19-5108. Meetings — Quorum — Votes — Advisory and ex officio members. The council shall meet a minimum of once each calendar year and more often at the call of the chairman. The presence of a majority of the voting members of the council shall constitute a quorum for doing business. Advisory and ex officio members shall be entitled to participate in the business and deliberation of the council, but shall not be entitled to vote. The council shall establish its own procedures and requirements with respect to place and conduct of its meetings.

History:

[19-5108, added 1981, ch. 307, sec. 2, p. 630.]
Idaho Code § 19-4515 — Idaho Code / Title 19 / Chapter 45 / Section 19-4515
19-4515 COMMITMENT TO AWAIT REQUISITION — BAIL.
Status: in_force

19-4515. Commitment to await requisition — Bail. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 19-4506, Idaho Code, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty (30) days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in section 19-4516, Idaho Code, or until he shall be legally discharged.

History:

[19-4515, added 2008, ch. 136, sec. 16, p. 390.]
Idaho Code § 19-1905 — Idaho Code / Title 19 / Chapter 19 / Section 19-1905
19-1905 JURY TO BE FORMED AS IN CIVIL ACTIONS.
Status: in_force

19-1905. Jury to be formed as in civil actions. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.

History:

[(19-1905) Cr. Prac. 1864, sec. 313, p. 250; R.S., R.C., & C.L., sec. 7787; C.S., sec. 8906; I.C.A., sec. 19-1805.]
Idaho Code § 19-1107 — Idaho Code / Title 19 / Chapter 11 / Section 19-1107
19-1107 SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT.
Status: in_force

19-1107. Sufficiency of evidence to warrant indictment. The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.

History:

[(19-1107) Cr. Prac. 1864, sec. 208, p. 238; R.S., R.C., & C.L., sec. 7636; C.S., sec. 8795; I.C.A., sec. 19-1007.]
Idaho Code § 19-1910 — Idaho Code / Title 19 / Chapter 19 / Section 19-1910
19-1910 PRETRIAL RISK ASSESSMENT TOOLS.
Status: in_force

19-1910. pretrial risk assessment tools. (1) All pretrial risk assessment tools shall be transparent, and:

(a) All documents, data, records, and information used by the builder to build or validate the pretrial risk assessment tool and ongoing documents, data, records, and written policies outlining the usage and validation of the pretrial risk assessment tool shall be open to public inspection, auditing, and testing;

(b) A party to a criminal case wherein a court has considered, or an expert witness has relied upon, a pretrial risk assessment tool shall be entitled to review all calculations and data used to calculate the defendant's own risk score; and

(c) No builder or user of a pretrial risk assessment tool may assert trade secret or other intellectual property protections in order to quash discovery of the materials described in paragraph (a) of this subsection in a criminal or civil case.

(2) For purposes of this section, "pretrial risk assessment tool" means a pretrial process that creates or scores particular factors in order to estimate a person's level of risk to fail to appear in court, risk to commit a new crime, or risk posed to the community in order to make recommendations as to bail or conditions of release based on such risk, whether made on an individualized basis or based on a grid or schedule.

History:

[19-1910, added 2019, ch. 258, sec. 1, p. 768.]
Idaho Code § 19-619 — Idaho Code / Title 19 / Chapter 6 / Section 19-619
19-619 BREAKING DOORS AND WINDOWS FOR RECAPTURE.
Status: in_force

19-619. Breaking doors and windows for recapture. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling-house, if, after notice of his intention, he is refused admittance.

History:

[(19-619) Cr. Prac. 1864, sec. 142, p. 230; R.S., R.C., & C.L., sec. 7560; C.S., sec. 8742; I.C.A., sec. 19-619.]
Idaho Code § 19-5101 — Idaho Code / Title 19 / Chapter 51 / Section 19-5101
19-5101 DEFINITIONS.
Status: in_force

19-5101. Definitions. As used in this act:

(a) "Council" means the Idaho peace officer standards and training council.

(b) "County detention officer" means an employee in a county jail who is responsible for the safety, care, protection, and monitoring of county jail inmates.

(c) "Law enforcement" means any and all activities pertaining to crime prevention or reduction and law enforcement, including police, courts, prosecution, corrections, probation, rehabilitation, and juvenile delinquency.

(d) "Peace officer" means any employee of a police or law enforcement agency which is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic or highway laws of this state or any political subdivision. "Peace officer" also means an employee of a police or law enforcement agency of a federally recognized Indian tribe who has satisfactorily completed the peace officer standards and training academy and has been deputized by a sheriff of a county or a chief of police of a city of the state of Idaho.

(e) "Political subdivision" means any city or county.

(f) "Emergency communications officer" means any emergency call taker or dispatcher whose primary responsibility is to receive or dispatch calls for emergency services in the state of Idaho.

History:

[19-5101, added 1981, ch. 307, sec. 2, p. 629; am. 1992, ch. 248, sec. 1, p. 730; am. 1997, ch. 84, sec. 1, p. 200; am. 2008, ch. 88, sec. 3, p. 244; am. 2017, ch. 181, sec. 1, p. 412.]
Idaho Code § 19-2517 — Idaho Code / Title 19 / Chapter 25 / Section 19-2517
19-2517 PRESENTENCE INVESTIGATION REPORT TO INCLUDE RECIDIVISM RATES.
Status: in_force

19-2517. presentence investigation report to include recidivism rates. (1) If the court orders a presentence investigation to be conducted, the investigation report shall include current recidivism rates for:

(a) Offenders placed on probation after an expired period of retained jurisdiction under section 19-2601 4., Idaho Code;

(b) Offenders placed on probation under section 19-2601 2. or 3., Idaho Code; and

(c) Offenders sentenced directly to a term of imprisonment.

(2) The reported recidivism rates shall be differentiated based on offender risk levels of low, moderate and high.

History:

[19-2517, added 2014, ch. 150, sec. 1, p. 414.]
Idaho Code § 19-2920 — Idaho Code / Title 19 / Chapter 29 / Section 19-2920
19-2920 REVOCATION OF BAIL — INSUFFICIENT SURETY.
Status: in_force

19-2920. revocation of bail — insufficient surety. (1) Private surety. Upon the filing of a verified petition alleging that the bail posted by a cash deposit or property bond has become insufficient by reason of bankruptcy, death or any other reason, the court may order the defendant and the private surety to appear before the court at a time certain for a bail revocation hearing. At the bail revocation hearing, if the court finds that the private surety is insufficient, the court may revoke the bail and recommit the defendant to the custody of the sheriff. If the defendant fails to appear for the bail revocation hearing, the court shall immediately issue a bench warrant for the defendant's arrest.

(2) Surety insurance company. Upon the filing of a verified petition alleging bail posted by a surety insurance company has become insufficient by reason of bankruptcy, receivership, suspension or revocation of authority to conduct business in the state of Idaho or any other reason, the court may order the defendant and the commercial surety or its agent to appear before the court at a time certain for a bail revocation hearing. At the bail revocation hearing, if the court finds that the commercial surety is insufficient, it may revoke the bail and recommit the defendant to the custody of the sheriff. If the defendant fails to appear for the bail revocation hearing, the court shall immediately issue a bench warrant for the defendant's arrest.

(3) In its order revoking bail, the court shall recite generally the facts upon which revocation of bail is founded and order that the defendant be recommitted to the custody of the sheriff of the county where the action is pending to be detained until legally released. The court shall set bail in the same or a new amount and impose any appropriate conditions of release.

History:

[19-2920, added 2009, ch. 90, sec. 2, p. 264.]
Idaho Code § 19-6007 — Idaho Code / Title 19 / Chapter 60 / Section 19-6007
19-6007 HIRING THE DISTRICT PUBLIC DEFENDER.
Status: in_force

19-6007. hiring the district public defender. (1) Whenever a vacancy arises in the position of district public defender, it shall be the duty of the district magistrates commission to recruit applicants, review candidates, and hire a district public defender who meets the qualifications established in this chapter. The office of the state public defender may assist the district magistrates commission in drawing the largest pool of qualified applicants.

(2) In addition to the provisions of sections 1-2203, 1-2203A, 1-2203B, 1-2204, and 1-2205, Idaho Code, when a district magistrates commission is carrying out the purposes of this section:

(a) The administrative district judge or district judge designated by the administrative district judge shall not participate in any proceedings of the district magistrates commission pursuant to the provisions of this section. The county commissioner on the district magistrates commission from the county that operated an office of public defender by January 1, 2023, shall chair the district magistrates commission. If there is more than one (1) county in the judicial district that operated an office of public defender or that was part of a joint office of public defender by January 1, 2023, the county commissioner on the district magistrates commission from such a county with the longest continuous service as county commissioner shall chair the district magistrates commission. If no county in the judicial district operated an office of public defender or was part of a joint office of public defender by January 1, 2023, the county commissioner on the district magistrates commission with the longest continuous service as county commissioner shall chair the district magistrates commission.

(b) The state public defender shall appoint two (2) attorneys who practice in the judicial district and whose practice as certified by each attorney at the time of his appointment is predominantly criminal defense, one (1) of whom must be a defending attorney employed or contracted by an indigent defense provider, to temporarily serve on the district magistrates commission; provided, however, the provision of section 1-2203B(4), Idaho Code, regarding current or former law partners shall apply to any attorney appointed by the state public defender.

(c) No person employed as a criminal prosecutor or who otherwise prosecutes or aids in the prosecution of criminal cases may participate on the district magistrates commission, nor shall any person employed in a law enforcement agency participate on the district magistrates commission. A temporary vacancy, pursuant to section 1-2203B, Idaho Code, shall occur for any commission member prohibited from participating by this paragraph.

History:

[19-6007, added 2023, ch. 220, sec. 1, p. 664.]