reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2516 - COST OF PRESENTENCE INVESTIGATION.

19-2516. COST OF PRESENTENCE INVESTIGATION. If a court orders a presentence investigation to be conducted, the court shall order the defendant to pay an amount to be determined by the department of correction, not to exceed one hundred dollars ($100), of the cost of conducting the presentence investigation and preparing the presentence investigation report. Such court orders shall be included in the judgment. Any such amount to be paid by the defendant shall be determined by the department of correction and shall be based on the defendant’s ability to pay. In determining a defendant’s ability to pay, the department of correction may consider such factors as the defendant’s income, property owned, outstanding obligations and the number and ages of dependents. Such payments shall be made to the department of correction and will be placed in the probation and parole receipts account created pursuant to section 20-225A, Idaho Code, and utilized as reimbursement for the cost of conducting the presentence investigation and preparing the presentence investigation report. Moneys in the probation and parole receipts account may be expended only after appropriation by the legislature.
History:
[19-2516, added 2011, ch. 74, sec. 1, p. 156.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2517 - PRESENTENCE INVESTIGATION REPORT TO INCLUDE RECIDIVISM RATES.

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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2518 - LIEN OF JUDGMENT FOR FINE.

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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2519 - ENTRY OF JUDGMENT — RECORD.

19-2519. ENTRY OF JUDGMENT — RECORD. (a) When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction was had and must without unnecessary delay annex together and file the following papers, which constitute a record of the action:
1. A copy of the minutes of a challenge interposed by the defendant to the panel of a grand jury, or to an individual grand juror, and the proceedings and the decisions thereon.
2. The indictment and copy of the minutes of the plea or demurrer.
3. A copy of the minutes of a challenge interposed to the panel of the trial jury or to an individual juror, and the proceedings and decision thereon.
4. A copy of the minutes of the trial.
5. A copy of the minutes of the judgment.
6. Any bill or bills of exceptions.
7. The written charges asked of the court, and refused with the court’s endorsement thereon.
8. A copy of all requested instruction showing those given and those refused with the court’s endorsement thereon, together with a copy of all instructions given on the court’s own motion.
(b) As soon as possible upon entry of the judgment of conviction the clerk shall deliver to the sheriff of the county a certified copy of the judgment along with a copy of the presentence investigation report, if any, for delivery to the director of correction pursuant to section 20-237, Idaho Code.
History:
[(19-2519) Cr. Prac. 1864, sec. 449, p. 267; R.S. & R.C., sec. 7996; am. 1915, ch. 149, p. 323; reen. C.L., sec. 7996; C.S., sec. 9040; I.C.A., sec. 19-2419; am. 1991, ch. 116, sec. 2, p. 245.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2520 - EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON.

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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2520B - INFLICTION OF GREAT BODILY INJURY — ATTEMPTED FELONY OR CONSPIRACY — EXTENSION OF PRISON TERM.

19-2520B. INFLICTION OF GREAT BODILY INJURY — ATTEMPTED FELONY OR CONSPIRACY — EXTENSION OF PRISON TERM. (1) Any person who inflicts great bodily injury, and the injury was either intended or the act causing the injury was done with a reckless disregard for the safety of another person, on any person, other than an accomplice, in the commission or attempted commission of a felony or conspiracy to commit such a felony shall be sentenced to an extended term sentence. 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 twenty (20) years. A term of imprisonment shall be extended as provided in this section unless infliction of great bodily injury is an element of the offense of which he is found guilty. (2) As used in this section, "great bodily injury" means a significant or substantial physical injury.
(3) The extended term of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime.
(4) The additional terms provided in this section shall not be imposed unless the fact of great bodily injury is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.
History:
[19-2520B, added 1981, ch. 150, sec. 1, p. 260; am. 1983, ch. 183, sec. 3, p. 498; am. 1986, ch. 319, sec. 3, p. 785.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2520C - EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION AND KIDNAPPING.

19-2520C. EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION AND KIDNAPPING. (1) Any person who is found guilty of violation of the provisions of sections 18-2401 (extortion), 18-4501 (kidnapping), 18-6101 (rape), or 18-1508 (lewd and lascivious conduct), Idaho Code, or any attempt or conspiracy to commit such crime(s); and committed such crime(s) by force, violence, duress, menace or threat of great bodily injury and who has been previously found guilty of any such crime, shall be sentenced to an extended term sentence. 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; provided, however, that no extension shall be imposed under this section for any such crime occurring prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony; provided further that no extension shall be imposed under this subsection when the provisions of section 19-2520B, Idaho Code, would be applicable.
(2) Any person found guilty of an offense specified in subsection (1) of this section who has served two (2) or more prior prison terms for any crime specified in subsection (1) hereof, shall be sentenced to an extended term sentence. 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 twenty (20) years; provided, that no extended term of imprisonment shall be imposed under this subsection for any prison term served prior to a period of fifteen (15) years during which the person remained free of prison custody, parole and being found guilty of a crime which is a felony.
(3) The extended terms of imprisonment required by this section shall apply to any aider or abettor; a person who acts in concert with, or a person who conspires with, the perpetrator of the crime.
(4) Any extended term of imprisonment required by this section shall not be imposed unless the fact of the prior commission of a crime is separately charged in the accusatory pleading and admitted by the accused or found to be true by the trier of fact after a verdict or finding of guilty on the substantive crime.
History:
[19-2520C, added 1981, ch. 150, sec. 2, p. 261; am. 1983, ch. 183, sec. 4, p. 498; am. 1984, ch. 63, sec. 3, p. 113; am. 1986, ch. 319, sec. 4, p. 786; am. 2022, ch. 124, sec. 21, p. 455.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2520D - PRIOR FOREIGN CONVICTION.

19-2520D. PRIOR FOREIGN CONVICTION. Every person who has been found guilty in any other state, country or jurisdiction of an offense for which, if committed within this state, such person could have been punished under the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if such prior conviction had taken place in a court of this state.
History:
[19-2520D, added 1981, ch. 150, sec. 3, p. 262.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2520E - MULTIPLE ENHANCED PENALTIES PROHIBITED.

19-2520E. MULTIPLE ENHANCED PENALTIES PROHIBITED. Notwithstanding the enhanced penalty provisions in sections 19-2520, 19-2520A, 19-2520B and 19-2520C, Idaho Code, any person convicted of two (2) or more substantive crimes provided for in the above code sections, which crimes arose out of the same indivisible course of conduct, may only be subject to one (1) enhanced penalty.
History:
[19-2520E, added 1983, ch. 183, sec. 5, p. 499.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2520F - CONSECUTIVE SENTENCES FOR FELONIES COMMITTED IN CORRECTIONAL FACILITIES.

19-2520F. CONSECUTIVE SENTENCES FOR FELONIES COMMITTED IN CORRECTIONAL FACILITIES. Every person who has been found guilty of a commission of a felony on the grounds of a correctional facility located in this state shall have the sentence for such offense begin after all previous sentences have ended.
History:
[19-2520F, added 1990, ch. 238, sec. 1, p. 676.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 27 - EXECUTION › Section 19-2716 - METHODS OF EXECUTION.

19-2716. METHODS OF EXECUTION. (1) The punishment of death shall be inflicted by the following methods:
(a) 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; or
(b) Firing squad.
(2) Not later than five (5) days after the issuance of a death warrant, the director of the Idaho department of correction must determine, and certify by affidavit to the court that issued the death warrant, whether execution by lethal injection, as described in subsection (1)(a) of this section, is available.
(3) If the director certifies that lethal injection is available, the method of execution shall be lethal injection.
(4) If the director does not certify that lethal injection is available, fails to file a certification as required pursuant to subsection (2) of this section, or otherwise determines that lethal injection is unavailable, the method of execution shall be firing squad.
(5) If a court holds that lethal injection is unconstitutional, on its face or as applied, or otherwise determines that firing squad is a constitutionally required method of execution, the method of execution shall be firing squad.
(6) The director shall determine the procedures to be used in any execution.
(7) The provisions of this section 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; am. 2023, ch. 141, sec. 1, p. 390.]
2023 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 — CONFIDENTIALITY — LICENSURE.

19-2716A. PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUBSTANCES — EXEMPTION — EXCEPTIONS TO GOVERNMENTAL LIABILITY — CONFIDENTIALITY — LICENSURE. (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.
(4) For purposes of carrying out the provisions of section 19-2716, Idaho Code, the identities of any of the following persons or entities involved in the planning, training, or performance of an execution shall be confidential, shall not be subject to disclosure, and shall not be admissible as evidence or discoverable in any proceeding before any court, tribunal, board, agency, or person:
(a) The on-site physician and any member of the escort team or medical team; and
(b) Any person or entity who compounds, synthesizes, tests, sells, supplies, manufactures, stores, transports, procures, dispenses, or prescribes the chemicals or substances for use in an execution or that provides the medical supplies or medical equipment for the execution process.
(5) If any person who participates or performs ancillary functions in an execution is licensed by a board, the licensing board shall not suspend or revoke the person’s license, or take disciplinary action against the person, because of the person’s participation in an execution.
History:
[19-2716A, added 2012, ch. 85, sec. 1, p. 242; am. 2022, ch. 182, sec. 1, p. 590.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]