reglab/housing_qa huggingface dataset:
ID Code § 19-2520G (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 25 - JUDGMENT|Section 19-2520G - MANDATORY MINIMUM SENTENCING.

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.]
ID Code § 19-2523 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 25 - JUDGMENT|Section 19-2523 - CONSIDERATION OF MENTAL ILLNESS IN SENTENCING.

19-2523. CONSIDERATION OF MENTAL ILLNESS IN SENTENCING. (1) Evidence of mental condition shall be received, if offered, at the time of sentencing of any person convicted of a crime. In determining the sentence to be imposed in addition to other criteria provided by law, if the defendant’s mental condition is a significant factor, the court shall consider such factors as: (a) The extent to which the defendant is mentally ill; (b) The degree of illness or defect and level of functional impairment; (c) The prognosis for improvement or rehabilitation; (d) The availability of treatment and level of care required; (e) Any risk of danger which the defendant may create for the public, if at large, or the absence of such risk; (f) The capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law at the time of the offense charged. (2) The court shall authorize treatment during the period of confinement or probation specified in the sentence if, after the sentencing hearing, it concludes by clear and convincing evidence that: (a) The defendant suffers from a severe and reliably diagnosable mental illness or defect resulting in the defendant’s inability to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law; (b) Without treatment, the immediate prognosis is for major distress resulting in serious mental or physical deterioration of the defendant; (c) Treatment is available for such illness or defect; (d) The relative risks and benefits of treatment or nontreatment are such that a reasonable person would consent to treatment. (of the offense charged.) (3) In addition to the authorization of treatment, the court shall pronounce sentence as provided by law.  History: [19-2523, added 1982, ch. 368, sec. 10, p. 925.]
ID Code § 19-2602 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 26 - SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS|Section 19-2602 - VIOLATION OF PROBATION — ARREST.

19-2602. VIOLATION OF PROBATION — ARREST. If it is proved to the satisfaction of the court that the terms and conditions upon which the defendant was placed on probation by the court or any of them have been violated or for any other cause satisfactory to the court, the court may, at any time within the longest period for which the defendant might have been originally sentenced by judgment of the court, issue a bench warrant for the rearrest of the defendant.  History: [(19-2602) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8000; C.S., sec. 9044; I.C.A., sec. 19-2504.]
ID Code § 19-2603 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 26 - SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS|Section 19-2603 - PRONOUNCEMENT AND EXECUTION OF JUDGMENT AFTER VIOLATION OF PROBATION.

19-2603. PRONOUNCEMENT AND EXECUTION OF JUDGMENT AFTER VIOLATION OF PROBATION. When the court finds that the defendant has violated the terms and conditions of probation, it may, if judgment has been withheld, pronounce any judgment which it could originally have pronounced, or, if judgment was originally pronounced but suspended, revoke probation. The time such person shall have been at large under such suspended sentence shall not be counted as a part of the term of his sentence. The defendant shall receive credit for time served from the date of service of a bench warrant issued by the court after a finding of probable cause to believe the defendant has violated a condition of probation, for any time served following an arrest of the defendant pursuant to section 20-227, Idaho Code, and for any time served as a condition of probation under the withheld judgment or suspended sentence.  History: [(19-2603) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8001; C.S., sec. 9045; I.C.A., sec. 19-2505; am. 2015, ch. 99, sec. 2, p. 240.]
ID Code § 19-2605 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 26 - SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS|Section 19-2605 - POWERS OF JUDGE AT CHAMBERS.

19-2605. POWERS OF JUDGE AT CHAMBERS. The powers hereby conferred upon the district court may be exercised by the judge thereof at chambers.  History: [(19-2605) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8003; C.S., sec. 9047; I.C.A., sec. 19-2507.]
ID Code § 19-2606 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 26 - SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS|Section 19-2606 - SUSPENDED OFFENDER — DUTY TO REPORT — ORDER ON REPORT.

19-2606. SUSPENDED OFFENDER — DUTY TO REPORT — ORDER ON REPORT. As ordered by the court, it shall be the duty of each person whose sentence is suspended to appear or report during the continuance of such suspension and to furnish, at his own expense, proof to the satisfaction of the court that he has, since his sentence was suspended or since the last date at which proof has been furnished, complied with the terms and conditions upon which his sentence was suspended by the court. The court may modify the terms and conditions of suspension or vacate the order of suspension of sentence and order retained jurisdiction or execution of the judgment as though suspension had not been made.  History: [(19-2606) 1915, ch. 104, sec. 2, p. 245; reen. C.L., sec. 7999; C.S., sec. 9043; am. 1929, ch. 100, sec. 1, p. 163; I.C.A., sec. 19-2503; am. 2014, ch. 150, sec. 5, p. 419.]
ID Code § 19-2607 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 26 - SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS|Section 19-2607 - PAROLE SECURED BY MISREPRESENTATION.

19-2607. PAROLE SECURED BY MISREPRESENTATION. If at any time after suspension of sentence it shall appear to the district judge that the order suspending sentence was obtained by fraud, perjury or by any sort of misrepresentation or suppression of facts, or that the accused has failed or neglected to have a fixed place of abode and a regular occupation, the district judge shall issue a warrant for his apprehension and shall remand him for sentence.  History: [(19-2607) 1915, ch. 104, sec. 3, p. 245; reen. C.L., sec. 7998; C.S., sec. 9042; I.C.A., sec. 19-2502.]
ID Code § 19-2608 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 26 - SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS|Section 19-2608 - PAYMENT OF COURT-ORDERED TESTS OF BREATH OR BODILY FLUIDS.

19-2608. PAYMENT OF COURT-ORDERED TESTS OF BREATH OR BODILY FLUIDS. Whenever a court orders testing of breath or bodily fluids as a condition of probation, such costs for the tests shall be paid for by the probationer in addition to any supervision fee authorized under section 20-225 or 31-3201D, Idaho Code, to the clerk of the court if services are provided by the county or directly to the agency providing the testing, provided the court may waive this requirement upon a showing of cause.  History: [19-2608, added 1994, ch. 248, sec. 1, p. 792; am. 2012, ch. 109, sec. 1, p. 299; am. 2020, ch. 281, sec. 1, p. 818.]
ID Code § 19-2701 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2701 - AUTHORITY FOR EXECUTION OF JUDGMENT.

19-2701. AUTHORITY FOR EXECUTION OF JUDGMENT. When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.  History: [(19-2701) Cr. Prac. 1864, sec. 450, p. 268; R.S., R.C., & C.L., sec. 8005; C.S., sec. 9048; I.C.A., sec. 19-2601.]
ID Code § 19-2702 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2702 - EXECUTION ON JUDGMENT FOR FINE.

19-2702. EXECUTION ON JUDGMENT FOR FINE. If the judgment includes the payment of a fine, or costs, or fine and costs, or other monetary sums, execution may be issued thereon for such sums as on a judgment in a civil action.  History: [(19-2702) Cr. Prac. 1864, sec. 451, p. 268; R.S., sec. 8006; am. 1899, p. 379, sec. 3; reen. R.C. & C.L., sec. 8006; C.S., sec. 9049; I.C.A., sec. 19-2602; am. 1995, ch. 205, sec. 1, p. 700.]
ID Code § 19-2703 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2703 - EXECUTION OF JUDGMENT OF IMPRISONMENT.

19-2703. EXECUTION OF JUDGMENT OF IMPRISONMENT. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with.  History: [(19-2703) Cr. Prac. 1864, sec. 452, p. 268; R.S., R.C., & C.L., sec. 8007; C.S., sec. 9050; I.C.A., sec. 19-2603.]
ID Code § 19-2704 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2704 - DELIVERY OF DEFENDANT TO PENITENTIARY GUARD.

19-2704. DELIVERY OF DEFENDANT TO PENITENTIARY GUARD. If judgment is for imprisonment in the state prison, or for the infliction of the death penalty, the sheriff of the county must, upon receipt of the certified copy of judgment, hold the prisoner in his custody until demand for such prisoner is made upon him by the duly authorized guard of said prison, who may be sent to convey such prisoner to the state prison. When such demand is made upon the sheriff by said guard, the sheriff shall deliver the prisoner and said copy of the judgment to said guard, and take a receipt from said guard for the prisoner and said copy of the judgment.  History: [(19-2704) R.S., sec. 8008; am. 1899, p. 340, sec. 2; reen. R.C. & C.L., sec. 8008; C.S., sec. 9051; I.C.A., sec. 19-2604.]
ID Code § 19-2708 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2708 - SUSPENSION OF JUDGMENT OF DEATH.

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.]
ID Code § 19-2713 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2713 - PROCEEDINGS WHEN FEMALE SUPPOSED TO BE PREGNANT.

19-2713. PROCEEDINGS WHEN FEMALE SUPPOSED TO BE PREGNANT. If there is good reason to suppose that a female against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of three (3) physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the prosecuting attorney of the county, and the provisions of sections 19-2710, 19-2711 apply to the proceedings upon the inquisition.  History: [(19-2713) Cr. Prac. 1864, sec. 462, p. 269; R.S., R.C., & C.L., sec. 8017; C.S., sec. 9060; I.C.A., sec. 19-2613.]
ID Code § 19-2714 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2714 - FINDING IN CASE OF PREGNANCY.

19-2714. FINDING IN CASE OF PREGNANCY. If it is found by the report that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant, the warden must suspend the execution of the judgment, and transmit the report to the district court that imposed the sentence. When the district court that imposed the sentence is satisfied that the female is no longer pregnant, he may issue his warrant appointing a day for the execution of the judgment.  History: [(19-2714) Cr. Prac. 1864, secs. 463, 464, p. 269; R.S., R.C., & C.L., sec. 8018; C.S., sec. 9061; I.C.A., sec. 19-2614; am. 1984, ch. 159, sec. 5, p. 388.]
ID Code § 19-2715 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2715 - MINISTERIAL ACTIONS RELATING TO STAYS OF EXECUTION, RESETTING EXECUTION DATES, AND ORDER FOR EXECUTION OF JUDGMENT OF DEATH.

19-2715. MINISTERIAL ACTIONS RELATING TO STAYS OF EXECUTION, RESETTING EXECUTION DATES, AND ORDER FOR EXECUTION OF JUDGMENT OF DEATH. (1) Hereafter, no further stays of execution shall be granted to persons sentenced to death except that a stay of execution shall be granted during an appeal taken pursuant to section 19-2719, Idaho Code, during the automatic review of judgments imposing the punishment of death provided by section 19-2827, Idaho Code, by order of a federal court or as part of a commutation proceeding pursuant to section 20-1015, Idaho Code. (2) Upon remittitur or mandate after a sentence of death has been affirmed, the state shall apply for a warrant from the district court in which the conviction was had, authorizing execution of the judgment of death. Upon such application, the district court shall set a new execution date not more than thirty (30) days thereafter. (3) If a stay of execution is granted pursuant to subsection (1) of this section and as a result, no execution takes place on the date set by the district court, upon termination of the stay, the state shall apply for another warrant and upon such application, the district court shall set a new execution date not more than thirty (30) days thereafter. (4) If for any reason, other than those set forth in subsection (1) of this section, a judgment of death has not been executed, and it remains in force, the state shall apply for another warrant. Upon such application, the district court may inquire into the facts, and if no legal reason exists against the execution of the judgment, must make an order that the warden execute the judgment at a special specified time. The warden must execute the judgment accordingly. (5) Action of the district court under this section is ministerial only. No hearing shall be required for setting a new execution date and the court shall inquire only into the fact of an existing death sentence and the absence of a valid stay of execution. (6) For purposes of this section, the phrase "stay of execution" shall refer to a temporary postponement of an execution as a result of a court order or an order of the governor postponing the execution while a petition for commutation is pending.  History: [(19-2715) Cr. Prac. 1864, secs. 465, 466, p. 269; R.S., sec. 8019; am. 1899, p. 340, sec. 4; reen. R.C. & C.L., sec. 8019; C.S., sec. 9062; I.C.A., sec. 19-2615; am. 1984, ch. 159, sec. 6, p. 388; am. 2012, ch. 84, sec. 1, p. 241; am. 2021, ch. 196, sec. 23, p. 540.]
ID Code § 19-2716 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2716 - INFLICTION OF DEATH PENALTY.

19-2716. INFLICTION OF DEATH PENALTY. The punishment of death shall be inflicted by continuous, intravenous administration of a lethal quantity of a substance or substances approved by the director of the Idaho department of correction until death is pronounced by a coroner or a deputy coroner. The director of the Idaho department of correction shall determine the procedures to be used in any execution. This act shall apply to all executions carried out on and after the effective date of this enactment, irrespective of the date sentence was imposed.  History: [(19-2716) Cr. Prac. 1864, sec. 467, p. 269; R.S., R.C., & C.L., sec. 8020; C.S., sec. 9063; I.C.A., sec. 19-2616; am. 1978, ch. 70, sec. 1, p. 140; am. 1982, ch. 257, sec. 1, p. 668; am. 2009, ch. 81, sec. 1, p. 228.]
ID Code § 19-2716A (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2716A - PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUBSTANCES — EXEMPTION — EXCEPTIONS TO GOVERNMENTAL LIABILITY.

19-2716A. PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUBSTANCES — EXEMPTION — EXCEPTIONS TO GOVERNMENTAL LIABILITY. (1) Notwithstanding any other provision of law, infliction of the punishment of death in the manner required by section 19-2716, Idaho Code, shall not be construed as the practice of medicine. The director of the department of correction and all persons authorized by him to participate in an execution, as provided in section 19-2716, Idaho Code, shall be exempt from all laws, rules and regulations governing the practice of medicine. (2) For the purposes of carrying out the provisions of section 19-2716, Idaho Code, any pharmacy, prescriber, manufacturer, wholesale distributor or other entity authorized by law to possess controlled substances may distribute controlled substances to the director or his designees and shall not be subject to criminal or civil liability for the death of the condemned person. (3) For the purposes of carrying out the provisions of section 19-2716, Idaho Code, the director and his designees may obtain, possess, store and administer controlled substances and are exempt from all laws, rules and regulations governing pharmacies and controlled substances, notwithstanding any other provision of law. Any employee of the state of Idaho participating in an execution pursuant to section 19-2716, Idaho Code, shall be presumed to be acting within the course and scope of his employment and without malice or criminal intent for purposes of section 6-903, Idaho Code. Any employee, agent or contractor of the state of Idaho participating in an execution pursuant to section 19-2716, Idaho Code, shall not be subject to criminal or civil liability for the death of the condemned person.  History: [19-2716A, added 2012, ch. 85, sec. 1, p. 242.]
ID Code § 19-2718 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2718 - RETURN OF DEATH WARRANT.

19-2718. RETURN OF DEATH WARRANT. After the execution, the executioner shall make a return upon the death warrant to the district court, showing the time, mode and manner in which it was executed.  History: [(19-2718) R.S., sec. 8022; am. 1899, p. 340, sec. 6; reen. R.C. & C.L., sec. 8022; C.S., sec. 9065; I.C.A., sec. 19-2618; am. 1941, ch. 150, sec. 3, p. 303; am. 2012, ch. 83, sec. 1, p. 240.]
ID Code § 19-2719a (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2719a - APPLICABILITY OF SECTIONS 19-2705, 19-2708, 19-2714, 19-2715, 19-2719.

19-2719a. APPLICABILITY OF SECTIONS 19-2705, 19-2708, 19-2714, 19-2715, 19-2719. This act shall apply to all cases in which capital sentences where imposed on or prior to the effective date of this act but which have not been carried out, and to all capital cases arising after the effective date of this act.  History: [I.C., sec. 19-2719a, as added by 1984, ch. 159, sec. 8, p. 386.]
ID Code § 19-2720 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 27 - EXECUTION|Section 19-2720 - INQUIRY INTO NEED FOR NEW COUNSEL.

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.]
ID Code § 19-2801 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 28 - APPEALS TO SUPREME COURT|Section 19-2801 - CRIMINAL JUDGMENTS AND ORDERS APPEALABLE — TIME FOR TAKING APPEALS.

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.]
ID Code § 19-2802 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 28 - APPEALS TO SUPREME COURT|Section 19-2802 - STAY OF EXECUTION — CUSTODY OF DEFENDANT.

19-2802. STAY OF EXECUTION — CUSTODY OF DEFENDANT. An appeal to the supreme court from a judgment of conviction stays the execution of the judgment in all capital cases, and in all other cases the judgment may be stayed by the district court or the supreme court as provided by rule of the supreme court. Custody of the defendant shall be specified by the district court or in any order staying execution of the judgment.  History: [19-2802, added 1977, ch. 170, sec. 11, p. 439.]