reglab/housing_qa huggingface dataset:
ID Code § 19-810 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-810 - EXCLUSION OF WITNESSES.

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.]
ID Code § 19-811 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-811 - EXCLUSION OF OTHER PERSONS.

19-811. EXCLUSION OF OTHER PERSONS. The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the prosecuting attorney of the county, the defendant and his counsel, and the officer having the defendant in custody.  History: [(19-811) Cr. Prac. 1864, sec. 158, p. 232; R.S., R.C., & C.L., sec. 7575; C.S., sec. 8753; I.C.A., sec. 19-711.]
ID Code § 19-812 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-812 - TRANSCRIPT OF PRELIMINARY EXAMINATION.

19-812. TRANSCRIPT OF PRELIMINARY EXAMINATION. In all cases which must afterward be investigated by the grand jury, or prosecuted by information, the preliminary examination must be taken and as ordered by the district court duly transcribed, unless the person charged with the offense shall waive his right to such examination, and the same can not be unreasonably delayed by either party. A verbatim record of the proceedings and evidence at the preliminary examination before a magistrate shall be maintained either by electrical devices or by stenographic means as the magistrate may direct, but if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically. The requesting party shall pay the costs of reporting the proceedings. The opening statements and closing argument of counsel for the parties need not be transcribed and made a part of the transcript unless the transcription of the same is requested in advance by either of such parties. The transcript of the proceedings and evidence at the preliminary examination shall be certified to as true and correct by the stenographer or by the person designated to transcribe the proceedings from the electrical devices.  History: [(19-812) R.S., sec. 7576; am. 1905, p. 376; reen. R.C., sec. 7576; compiled and reen. C.L., sec. 7576; C.S., sec. 8754; I.C.A., sec. 19-712; am. 1969, ch. 467, sec. 6, p. 1339; am. 1971, ch. 73, sec. 1, p. 167; am. 1979, ch. 206, sec. 1, p. 589.]
ID Code § 19-813 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-813 - CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION.

19-813. CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION. The magistrate must keep the depositions of witnesses or transcript of preliminary examination taken at such preliminary examination until the same is returned to the proper court; and such magistrate must not permit the same to be examined or copied by any person except a judge of a court having jurisdiction of the offense, or authorized to issue writs of habeas corpus, the attorney-general, prosecuting attorney, or other prosecuting attorney, and the defendant and his counsel.  History: [(19-813) R.S., R.C., & C.L., sec. 7577; C.S., sec. 8755; I.C.A., sec. 19-713; am. 1969, ch. 467, sec. 7, p. 1339.]
ID Code § 19-814 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-814 - DISCHARGE OF DEFENDANT.

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.]
ID Code § 19-815 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-815 - HOLDING DEFENDANT TO ANSWER.

19-815. HOLDING DEFENDANT TO ANSWER. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds that a public offense has been committed, and that there is probable or sufficient cause to believe the defendant guilty thereof, the magistrate shall enter an order holding the defendant to answer to said public offense, which order shall be substantially as follows: "It appearing to me that the offense set forth in the complaint (or any offense, according to the evidence presented at the preliminary examination, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe the within named A.B. guilty thereof, I order that he be held to answer the same."  History: [(19-815) Cr. Prac. 1864, sec. 160; R.S., R.C., & C.L., sec. 7579; C.S., sec. 8757; I.C.A., sec. 19-715; am. 1969, ch. 467, sec. 9, p. 1339.]
ID Code § 19-815A (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-815A - CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION.

19-815A. CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION. A defendant once held to answer to a criminal charge under this chapter may challenge the sufficiency of evidence educed at the preliminary examination by a motion to dismiss the commitment, signed by the magistrate, or the information filed by the prosecuting attorney. Such motion to dismiss shall be heard by a district judge. If the district judge finds that the magistrate has held the defendant to answer without reasonable or probable cause to believe that the defendant has committed the crime for which he was held to answer, or finds that no public offense has been committed, he shall dismiss the complaint, commitment or information and order the defendant discharged.  History: [I.C., sec. 19-815A, as added by S.L. 1971, ch. 250, sec. 1, p. 1005.]
ID Code § 19-816 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-816 - OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT.

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.]
ID Code § 19-817 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-817 - BAILABLE OFFENSES — ORDER ADMITTING TO BAIL.

19-817. BAILABLE OFFENSES — ORDER ADMITTING TO BAIL. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to commitment required by section 19-818: "And that he is admitted to bail in the sum of …. dollars, and is committed to the sheriff of the county of …. until he gives such bail."  History: [(19-817) Cr. Prac. 1864, sec. 163, p. 232; R.S., R.C., & C.L., sec. 7581; C.S., sec. 8759; I.C.A., sec. 19-717; am. 1969, ch. 467, sec. 11, p. 1339.]
ID Code § 19-818 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-818 - ORDER OF COMMITMENT.

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.]
ID Code § 19-819 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-819 - FORM OF COMMITMENT.

19-819. FORM OF COMMITMENT. The commitment must be to the following effect: County of (as the case may be). The state of Idaho to the sheriff of the county of ….: An order having been this day made by me, that A.B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged. Dated this …. day of …., …..  History: [(19-819) Cr. Prac. 1864, sec. 165, p. 233; R.S., R.C., & C.L., sec. 7583; C.S., sec. 8761; I.C.A., sec. 19-719; am. 2007, ch. 90, sec. 9, p. 250.]
ID Code § 19-820 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-820 - UNDERTAKING OF WITNESSES TO APPEAR.

19-820. UNDERTAKING OF WITNESSES TO APPEAR. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking to the effect that he will appear and testify at the court to which the depositions and statements are to be sent, or that he will forfeit the sum of $500.00.  History: [(19-820) Cr. Prac. 1864, sec. 166, p. 233; R.S., R.C., & C.L., sec. 7584; C.S., sec. 8762; I.C.A., sec. 19-720.]
ID Code § 19-821 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-821 - SECURITY FOR APPEARANCE.

19-821. SECURITY FOR APPEARANCE. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section.  History: [(19-821) Cr. Prac. 1864, sec. 167, p. 233; R.S., R.C., & C.L., sec. 7585; C.S., sec. 8763; I.C.A., sec. 19-721.]
ID Code § 19-822 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-822 - SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN.

19-822. SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN. Infants and married women who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.  History: [(19-822) Cr. Prac. 1864, sec. 168, p. 233; R.S., R.C., & C.L., sec. 7586; C.S., sec. 8764; I.C.A., sec. 19-722.]
ID Code § 19-823 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-823 - COMMITMENT FOR FAILURE TO GIVE SECURITY.

19-823. COMMITMENT FOR FAILURE TO GIVE SECURITY. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legally discharged.  History: [(19-823) Cr. Prac. 1864, sec. 169, p. 233; R.S., R.C., & C.L., sec. 7587; C.S., sec. 8765; I.C.A., sec. 19-723.]
ID Code § 19-824 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-824 - CONDITIONAL EXAMINATION.

19-824. CONDITIONAL EXAMINATION. When, however, it satisfactorily appears by examination on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by question and answer in the presence of the defendant, or after notice to him, if on bail, and conducted in the same manner as the examination before a committing magistrate is required by this chapter to be conducted, and the witness thereupon be discharged; but this section does not apply to an accomplice in the commission of the offense charged.  History: [(19-824) Cr. Prac. 1864, sec. 170, p. 233; R.S., R.C., & C.L., sec. 7588; C.S., sec. 8766; I.C.A., sec. 19-724.]
ID Code § 19-825 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-825 - RETURN OF PAPERS TO DISTRICT COURT.

19-825. RETURN OF PAPERS TO DISTRICT COURT. When a magistrate has held a defendant to answer for the commission of a public offense, he must, without unnecessary delay and after the transcript of preliminary examination has been transcribed or the depositions of witnesses have been reduced to writing in compliance with section 19-812, Idaho Code, return to the clerk of the district court to which the defendant has been held to answer, the complaint, the warrant, if any, the transcript of preliminary examination or depositions of witnesses testifying at the preliminary examination, a certified copy of the transcript of his docket, the order holding defendant to answer, all undertakings of bail or for the appearance of witnesses taken by him, together with any other written documents on file which the magistrate is required by law to transmit to said district court.  History: [(19-825) Cr. Prac. 1864, sec. 172, p. 234; R.S., R.C., & C.L., sec. 7589; C.S., sec. 8767; I.C.A., sec. 19-725; am. 1969, ch. 467, sec. 12, p. 1339.]
ID Code § 19-848 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-848 - SHORT TITLE.

19-848. SHORT TITLE. Sections 19-848 through 19-866, Idaho Code, shall be known as the "Idaho Public Defense Act."  History: [19-848, added 2014, ch. 247, sec. 1, p. 617.]
ID Code § 19-849 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-849 - STATE PUBLIC DEFENSE COMMISSION.

19-849. STATE PUBLIC DEFENSE COMMISSION. (1) There is hereby created in the department of self-governing agencies the state public defense commission. The commission shall consist of nine (9) members as follows: (a) Two (2) representatives from the state legislature that shall include one (1) member from the senate and one (1) member from the house of representatives; (b) One (1) representative appointed by the chief justice of the Idaho supreme court; and (c) Six (6) representatives appointed by the governor and confirmed by the senate as follows: (i) Two (2) representatives from the Idaho association of counties; (ii) Two (2) representatives who have experience as a defending attorney; (iii) One (1) representative from the office of the state appellate public defender; and (iv) One (1) representative from the Idaho juvenile justice commission. (2) No individual who is currently employed as a prosecuting attorney or who is a current employee of a law enforcement agency may be a member of the commission. (3) The members of the commission shall serve the following terms: (a) The gubernatorial appointees shall serve terms of three (3) years. (b) The representative appointed by the chief justice of the Idaho supreme court shall serve a term of two (2) years. (c) The representatives from the state legislature shall serve terms of two (2) years as appointed by the president pro tempore of the senate and speaker of the house of representatives during their legislative terms of office. (4) A vacancy on the commission shall be filled in the same manner as the original appointment and for the balance of the unexpired term. (5) The commission shall appoint a chairman and a vice chairman from among its members for a term certain. (6) The members of the commission shall be compensated as provided for in section 59-509(b), Idaho Code.  History: [19-849, added 2014, ch. 247, sec. 2, p. 617; am. 2018, ch. 161, sec. 1, p. 318.]
ID Code § 19-852 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-852 - RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.

19-852. RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT. (1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to section 18-212, 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is entitled: (a) To be represented by an attorney to the same extent as a person having his own counsel is so entitled; and (b) To be provided with the necessary services and facilities of representation including investigation and other preparation. The attorney, services and facilities and the court costs shall be provided at public expense to the extent that the person is, at the time the court determines indigency pursuant to section 19-854, Idaho Code, unable to provide for their payment. (2) An indigent person who is entitled to be represented by an attorney under subsection (1) of this section is entitled: (a) To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney and including revocation of probation; (b) To be represented in any appeal; (c) To be represented in any other post-conviction or post-commitment proceeding that the attorney or the indigent person considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding. (3) An indigent person’s right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.  History: [19-852, added 1967, ch. 181, sec. 2, p. 599; am. 1969 (2nd E.S.), ch. 10, sec. 2, p. 20; am. 1981, ch. 114, sec. 3, p. 171; am. 1982, ch. 59, sec. 3, p. 92; am. 2013, ch. 220, sec. 2, p. 516.]
ID Code § 19-853 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.

19-853. DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL. (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall: (a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and (b) If the person detained or charged does not have an attorney, notify the indigent defense provider or trial court concerned, as the case may be, that he is not so represented. As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer. (2) Upon commencement of any later judicial proceeding relating to the same matter including, but not limited to, preliminary hearing, arraignment, trial, any post-conviction proceeding or post-commitment proceeding, the presiding officer shall clearly inform the person so detained or charged of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense. Provided, the appointment of an attorney at public expense in uniform post-conviction procedure act proceedings shall be in accordance with section 19-4904, Idaho Code. (3) If a court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly notify the indigent defense provider. (4) Upon notification by the court, the indigent defense provider shall represent the person with respect to whom the notification is made.  History: [19-853, added 1967, ch. 181, sec. 3, p. 599; 1968 (2nd E.S.), ch. 10, sec. 3, p. 20; am. 1981, ch. 114, sec. 4, p. 172; am. 1982, ch. 59, sec. 4, p. 93; am. 1984, ch. 229, sec. 1, p. 548; am. 2001, ch. 160, sec. 1, p. 568; am. 2013, ch. 220, sec. 3, p. 516; am. 2014, ch. 247, sec. 4, p. 619; am. 2015, ch. 244, sec. 2, p. 1009; am. 2016, ch. 47, sec. 1, p. 98; am. 2016, ch. 195, sec. 3, p. 547.]
ID Code § 19-855 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-855 - QUALIFICATIONS OF COUNSEL.

19-855. QUALIFICATIONS OF COUNSEL. No person may be given the primary responsibility of representing an indigent person unless he is licensed to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime.  History: [19-855, added 1967, ch. 181, sec. 5, p. 599; am. 2013, ch. 220, sec. 5, p. 518.]
ID Code § 19-857 (2021)
2021 Idaho Code|Title 19 - CRIMINAL PROCEDURE|Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED|Section 19-857 - WAIVER OF COUNSEL — CONSIDERATION BY COURT.

19-857. WAIVER OF COUNSEL — CONSIDERATION BY COURT. A person who has been appropriately informed of his right to counsel may waive any right provided by this act, if the court concerned, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person’s age, education and familiarity with the English language and the complexity of the crime involved.  History: [19-857, added 1967, ch. 181, sec. 7, p. 599; am. 2013, ch. 220, sec. 7, p. 518.]