reglab/housing_qa huggingface dataset:
ID Code § 19-2803 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 28 - APPEALS TO SUPREME COURT|Section 19-2803 - RECORD ON APPEAL — ORAL ARGUMENT — EXHIBITS — PRESENTENCE REPORT ON APPEAL.

19-2803. RECORD ON APPEAL — ORAL ARGUMENT — EXHIBITS — PRESENTENCE REPORT ON APPEAL. (a) The clerk’s record and the reporter’s transcript in an appeal of a criminal action to the supreme court shall contain such portions and documents of the proceedings of the district court, and be prepared, processed and transmitted to the supreme court as provided by rule of the supreme court. Argument of a criminal appeal shall be as prescribed by rule of the supreme court, but the defendant shall not have any right to appear at the time of oral argument unless otherwise ordered by the supreme court. (b) In any case where a presentence report is relevant to any issue on appeal, and is transmitted to the supreme court or the court of appeals for such use, the clerk of the district court shall serve a copy of the report on the attorney general and on appellate counsel for the defendant. (c) In any case where a documentary exhibit is transmitted to the supreme court or the court of appeals for use in appellate proceedings to which the state or any of its officers is a party in an official capacity, the clerk of the district court shall serve a copy of the exhibit on the attorney general and on appellate counsel for the defendant.  History: [19-2803, added 1977, ch. 170, sec. 12, p. 439; am. 1986, ch. 124, sec. 1, p. 325; am. 2000, ch. 108, sec. 1, p. 238.]
ID Code § 19-2818 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 28 - APPEALS TO SUPREME COURT|Section 19-2818 - DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT.

19-2818. DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT. In the event a sentence of death is returned by a federal court for further proceedings in the state courts, the Idaho supreme court shall consider whether any legal or factual error alleged by a federal court may be corrected without remanding the cause to the district court and shall: (a) make any specific fact findings required by a federal court when such findings are implicit in the judgment of the district court, though not expressly stated; (b) correct any formal error that may be corrected by reference to the record without remanding to the district court for resentencing; (c) make such findings as may be necessary to uphold a death sentence and can be made on the record without remanding the cause to the district court for further proceedings.  History: [19-2818, added 1995, ch. 140, sec. 5, p. 598.]
ID Code § 19-2827 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 28 - APPEALS TO SUPREME COURT|Section 19-2827 - REVIEW OF DEATH SENTENCES — PRESERVATION OF RECORDS.

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.]
ID Code § 19-2901 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2901 - SHORT TITLE.

19-2901. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Bail Act."  History: [19-2901, added 2009, ch. 90, sec. 2, p. 259.]
ID Code § 19-2902 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2902 - STATEMENT OF POLICY.

19-2902. STATEMENT OF POLICY. (1) The legislature finds and declares that: (a) Bail, in criminal cases, is a constitutional right subject to certain limitations; (b) It is necessary to establish a statewide process to uniformly implement this right and the limitations. (2) The purpose of this chapter is to provide a uniform and comprehensive statewide process for the administration of bail in criminal cases in order to: (a) Ensure the appearance of defendants before the courts; (b) Protect the right of defendants to bail, as constitutionally provided; and (c) Ensure the protection and safety of victims, witnesses and the public.  History: [19-2902, added 2009, ch. 90, sec. 2, p. 260.]
ID Code § 19-2903 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2903 - RIGHT TO BAIL — LIMITATIONS.

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.]
ID Code § 19-2904 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2904 - BAIL, RELEASE ON RECOGNIZANCE AND CONDITIONS OF RELEASE.

19-2904. BAIL, RELEASE ON RECOGNIZANCE AND CONDITIONS OF RELEASE. The court may release a person on his own recognizance or set an amount of bail, and may impose any conditions of release. In making these determinations the court shall consider the following objectives: (1) Ensuring the appearance of the defendant; (2) Ensuring the integrity of the court process including the right of the defendant to bail as constitutionally provided; (3) Ensuring the protection of victims and witnesses; and (4) Ensuring public safety.  History: [19-2904, added 2009, ch. 90, sec. 2, p. 260.]
ID Code § 19-2906 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2906 - ADMISSION TO BAIL.

19-2906. ADMISSION TO BAIL. Admission to bail is the order of a competent court that the defendant shall be released from actual custody of the sheriff upon posting bail.  History: [19-2906, added 2009, ch. 90, sec. 2, p. 261.]
ID Code § 19-2907 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2907 - POSTING BAIL — SUFFICIENT SURETIES.

19-2907. POSTING BAIL — SUFFICIENT SURETIES. (1) The posting of bail consists of filing sufficient sureties with the court, as required by the court, to ensure the defendant’s appearance. Sufficient sureties shall consist of any one (1) of the following: (a) A bail bond; (b) A property bond; or (c) A cash deposit. (2) Although bail may be posted in the form of a cash deposit pursuant to the provisions of subsection (1) of this section, a defendant shall not be required to post bail in the form of a cash deposit.  History: [19-2907, added 2009, ch. 90, sec. 2, p. 261.]
ID Code § 19-2908 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2908 - CASH DEPOSIT APPLIED TO PAYMENTS OF FINES, FEES, COSTS AND RESTITUTION.

19-2908. CASH DEPOSIT APPLIED TO PAYMENTS OF FINES, FEES, COSTS AND RESTITUTION. When bail has been posted by cash deposit and remains on deposit at the time of the judgment or order withholding judgment, the clerk of the court shall, under the direction of the court, apply the money in satisfaction of fines, fees, costs and restitution imposed in the case and fines, fees, costs and restitution that have been imposed against the defendant in any other criminal or infraction action, and after satisfying the fines, fees, costs and restitution, shall refund the surplus, if any, to the person posting the cash deposit.  History: [19-2908, added 2009, ch. 90, sec. 2, p. 261; am. 2019, ch. 148, sec. 1, p. 498.]
ID Code § 19-2909 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2909 - PROPERTY BOND.

19-2909. PROPERTY BOND. A property bond may be posted by the defendant or third person on behalf of the defendant. For real property to qualify as sufficient surety, it must be located in the state of Idaho and must have an equity value, after deducting the outstanding balance of any existing liens and encumbrances, in the amount of the bail set by the court plus anticipated collection costs. Acceptance of a property bond is in the discretion of the court. A property bond posted with and accepted by the court pursuant to this section, and recorded, shall constitute a consensual lien on the property pursuant to section 55-1005(3), Idaho Code. All fees shall be paid by the person posting the property bond. An order of the court exonerating the property bond shall extinguish the lien and cancel the promissory note. The property bond and the promissory note shall be in a form approved by the supreme court.  History: [19-2909, added 2009, ch. 90, sec. 2, p. 262.]
ID Code § 19-2910 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2910 - SUBSTITUTION OF SUFFICIENT SURETIES.

19-2910. SUBSTITUTION OF SUFFICIENT SURETIES. At any time before an order of forfeiture, the court may allow the defendant to substitute any type of surety identified in section 19-2907, Idaho Code, for the previously posted surety. Upon substitution, the previously posted surety shall be exonerated.  History: [19-2910, added 2009, ch. 90, sec. 2, p. 262.]
ID Code § 19-2911 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2911 - RELEASE OF DEFENDANT ON POSTING BAIL.

19-2911. RELEASE OF DEFENDANT ON POSTING BAIL. Upon the posting of bail in the amount set by the court, the defendant shall be released from the actual custody of the sheriff.  History: [19-2911, added 2009, ch. 90, sec. 2, p. 262.]
ID Code § 19-2912 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2912 - INCREASING OR REDUCING BAIL.

19-2912. INCREASING OR REDUCING BAIL. After a defendant has been admitted to bail, the court in which the charge is pending may, upon good cause shown, increase or reduce the amount of bail. If the amount is increased, the court shall order the defendant to be committed to the actual custody of the sheriff until bail is posted in the increased amount. Any previous bail posted in the case shall be exonerated by the court. If the defendant applies for a reduction of the amount of bail, notice of the application shall be served upon the attorney for the state and the person posting bail within five (5) business days.  History: [19-2912, added 2009, ch. 90, sec. 2, p. 262.]
ID Code § 19-2913 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2913 - SURRENDER OF DEFENDANT.

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.]
ID Code § 19-2914 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2914 - ARREST OF DEFENDANT FOR SURRENDER.

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.]
ID Code § 19-2915 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2915 - FORFEITURE OF BAIL.

19-2915. FORFEITURE OF BAIL. (1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately: (a) Enter the defendant’s failure to appear in the minutes; (b) Order forfeiture of the bail; and (c) Issue a bench warrant for the arrest of the defendant. (2) The court, in its discretion, may: (a) Set the amount of bail in the bench warrant; (b) Set the amount of bail in the bench warrant but require that the defendant appear before the court where the charge or charges are pending before being released on bail; or (c) Set no bail on the bench warrant and require that the defendant not be released until appearing before the court where the charges are pending, at which time the court shall set bail or release the defendant on the defendant’s own recognizance, and shall set any conditions of release. (3) The clerk shall provide the person posting bail written notice of the order of forfeiture by mailing notice within five (5) business days of the order of forfeiture to the last known address of the person posting bail or that person’s designated agent. (4) If the court quashes the bench warrant within one hundred eighty (180) days after the order of forfeiture, the forfeiture of bail shall be set aside and the court shall notify the person posting bail of the setting aside of the forfeiture within five (5) business days of the date of the order quashing the bench warrant and reinstating the bail.  History: [19-2915, added 2009, ch. 90, sec. 2, p. 263; am. 2015, ch. 182, sec. 2, p. 587.]
ID Code § 19-2916 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2916 - SETTING ASIDE ORDER OF FORFEITURE AND REINSTATING BAIL.

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.]
ID Code § 19-2917 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2917 - MOTION TO SET ASIDE FORFEITURE.

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.]
ID Code § 19-2919 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2919 - REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE.

19-2919. REVOCATION OF BAIL — VIOLATION OF CONDITIONS OF RELEASE. (1) Upon its own motion or upon a verified petition alleging that the defendant willfully violated a condition of release, the court may issue a bench warrant directing that the defendant be arrested and brought before the court for a bail revocation hearing, or the court may order the defendant to appear before the court at a time certain. At the bail revocation hearing, if the court finds that the defendant willfully violated a condition of release and the defendant is present before the court, the court may revoke the bail and remand the defendant to the custody of the sheriff. At any time thereafter, the court may reset bail in the same or a new amount and impose conditions of release. If the defendant fails to appear at the bail revocation hearing, the court shall issue a bench warrant for the defendant’s arrest. (2) 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 may reset bail in the same or a new amount and impose any appropriate conditions of release. (3) The court may deny readmittance to bail if the court finds that the defendant has intimidated or harassed a victim, potential witness, juror or judicial officer or has committed one (1) or more violations of the conditions of release and such violation or violations constituted a threat to the integrity of the judicial system.  History: [19-2919, added 2009, ch. 90, sec. 2, p. 264.]
ID Code § 19-2920 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2920 - REVOCATION OF BAIL — INSUFFICIENT SURETY.

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.]
ID Code § 19-2921 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 29 - IDAHO BAIL ACT|Section 19-2921 - ORDER OF RECOMMITMENT — READMITTANCE TO BAIL.

19-2921. ORDER OF RECOMMITMENT — READMITTANCE TO BAIL. 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. If the offense is bailable, the court shall fix bail in a new amount and impose any appropriate conditions of release.  History: [19-2921, added 2009, ch. 90, sec. 2, p. 264.]