reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5505 - USE OF THE STATE DATABANK AND DATABASE — DUTIES OF BUREAU OF FORENSIC SERVICES.

19-5505. USE OF THE STATE DATABANK AND DATABASE — DUTIES OF BUREAU OF FORENSIC SERVICES. (1) The bureau of forensic services shall perform or contract for DNA analysis for law enforcement purposes.
(2) The bureau of forensic services shall serve as a repository for DNA samples collected and shall analyze samples, or contract for analysis, and shall store, compile, correlate, maintain and use DNA profiles and records related to:
(a) Forensic casework;
(b) Offenders required to provide samples under this chapter;
(c) The identification and location of missing persons; and
(d) Anonymous DNA records used for research or quality control.
(3) A match between evidence DNA samples from a criminal investigation and DNA samples from a state or federal database may be used to sustain probable cause for the arrest of a suspect upon application for a warrant.
(4) The DNA profile may also be used at trial as evidence, provided that the evidence is otherwise admissible at trial. The DNA profile may also be used in developing statistical calculations of populations frequencies.
History:
[19-5505, added 1997, ch. 120, sec. 1, p. 343; am. 1998, ch. 123, sec. 2, p. 456.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5508 - ADDITIONAL SAMPLES AUTHORIZED.

19-5508. ADDITIONAL SAMPLES AUTHORIZED. Whenever the bureau of forensic services notifies the department of correction or other responsible agency that a DNA sample or thumbprint impression is not adequate for any reason, the department of correction or other custodial agency shall draw or take additional samples and impressions as necessary to satisfy the requirements of this chapter, and transmit such samples and impressions to the bureau of forensic services.
History:
[19-5508, added 1997, ch. 120, sec. 1, p. 346.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5509 - GENETIC TESTING OF SAMPLES GIVEN FOR ANOTHER PURPOSE.

19-5509. GENETIC TESTING OF SAMPLES GIVEN FOR ANOTHER PURPOSE. If a person has been convicted of a crime as provided by this chapter and has given a DNA sample or samples to law enforcement for any purpose, the bureau of forensic services is authorized to analyze such samples for DNA, and include the DNA profiles from such samples in the state’s convicted felon DNA databank and databases. This provision applies whether the DNA sample originally collected was from a sexual or violent offender pursuant to the databank and database program, and whether the crime committed predated the effective date of this chapter, or any amendments thereto. This provision does not relieve a person subject to the terms of this chapter from giving a DNA sample and thumbprint impression for the DNA databank and database.
History:
[19-5509, added 1997, ch. 120, sec. 1, p. 346; am. 1998, ch. 123, sec. 4, p. 458.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5510 - APPLICABILITY OF CHAPTER.

19-5510. APPLICABILITY OF CHAPTER. Any person subject to the terms of this chapter who has not provided a DNA sample and thumbprint impression for any reason, including the person’s release prior to the enactment of this chapter, an oversight or error, or because of the person’s transfer from another jurisdiction shall give a DNA sample and thumbprint impression for inclusion in the state’s DNA database and databank within ten (10) working days of such person being notified of this requirement by the Idaho state police, the department of correction or an officer of the court. The samples and impressions shall be collected in a facility designated by the Idaho state police.
History:
[19-5510, added 1997, ch. 120, sec. 1, p. 347; am. 2000, ch. 469, sec. 50, p. 1503.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5511 - COLLECTION AND FORWARDING OF SAMPLES — LIABILITY — USE OF FORCE.

19-5511. COLLECTION AND FORWARDING OF SAMPLES — LIABILITY — USE OF FORCE. (1) The director of the department of correction or the chief administrative officer of the detention facility, jail, other facility at which the DNA sample and thumbprint impression were collected shall forward the samples and impressions to the bureau of forensic services according to requirements set forth in the bureau of forensic services rules.
(2) The bureau of forensic services shall provide all specimen collection materials, thumbprint cards, mailing tubes, envelopes, labels and instructions for the collection of the samples and thumbprint impressions. The DNA samples and thumbprint impressions shall thereafter be forwarded to the bureau of forensic services for analysis of DNA.
(3) The bureau of forensic services shall adopt rules specifying how DNA samples are to be taken. The right thumbprint impression shall be taken on a form prescribed by the Idaho state police.
(4) No person or governmental agency shall be subject to civil or criminal liability for obtaining DNA samples or obtaining thumbprint impressions absent a showing of reckless disregard for medically accepted practices or a showing of malice.
(5) Duly authorized law enforcement and correction personnel shall employ reasonable force in cases where an individual who is incarcerated refuses or resists submission to procedures for collecting a DNA sample or thumbprint impression authorized by this chapter, and no employee shall be subject to criminal or civil liability for the reasonable use of force absent a showing of malice.
History:
[19-5511, added 1997, ch. 120, sec. 1, p. 347; am. 1998, ch. 123, sec. 5, p. 459; am. 2000, ch. 469, sec. 51, p. 1503.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5512 - PENALTIES.

19-5512. PENALTIES. Any person subject to the terms of this chapter who fails to give a DNA sample or thumbprint impression, after a request by the bureau of forensic services, the department of correction, any law enforcement personnel, or any officer of the court, is guilty of a felony. The samples and impressions required by this chapter may be taken by the use of reasonable force once a person is imprisoned for failure to give the required sample.
History:
[19-5512, added 1997, ch. 120, sec. 1, p. 347.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5513 - EXPUNGEMENT OF INFORMATION.

19-5513. EXPUNGEMENT OF INFORMATION. (1) A person whose DNA profile has been included in the database and databank pursuant to this chapter may make a written request for expungement of materials from the database and databank on the grounds that the conviction upon which the authority for including the DNA profile was based has been reversed and the case dismissed.
(2) The person requesting expungement must send a copy of his request, with proof of service on all parties to the following: the trial court which entered the conviction or rendered disposition in the case; the bureau of forensic services; and the prosecuting attorney of the county in which he was convicted. The court has the discretion to grant or deny the request for expungement. A trial court’s denial of a request for expungement is an order not subject to appeal.
(3) Except as provided below, the Idaho state police shall expunge the DNA sample and all identifiable information in the database and databank relating to the subject of the conviction upon receipt of a court order which verifies that the applicant has made the necessary showing at a noticed hearing, and which includes the following documents:
(a) Written request for expungement pursuant to this section;
(b) A certified copy of the court order reversing and dismissing the conviction;
(c) Proof of written notice to the prosecuting attorney and the bureau of forensic services that such expungement is being sought; and
(d) A court order finding that no retrial or appeal of the case is pending and verifying that at least sixty (60) days have passed since the defendant has notified the prosecuting attorney and the bureau of forensic services of the expungement request and that the court finds no reason, based on the interests of justice, to deny expungement.
(4) Upon order of the court, the Idaho state police shall destroy the DNA sample relating to the subject of conviction, unless the state police determines that the person has otherwise become obligated to submit to DNA sample and thumbprint impression as a result of a separate conviction subject to the terms of this chapter.
(5) The bureau of forensic services is not required to destroy an item of physical evidence obtained from the DNA sample if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed. Notwithstanding this subsection, no sample, physical evidence or identifiable information is affected by an order to set aside a conviction.
History:
[19-5513, added 1997, ch. 120, sec. 1, p. 348; am. 2000, ch. 469, sec. 52, p. 1503.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5514 - LIMITATIONS ON DISCLOSURE OF INFORMATION.

19-5514. LIMITATIONS ON DISCLOSURE OF INFORMATION. (1) All DNA profiles retained by the bureau of forensic services pursuant to this chapter shall be treated as confidential as provided by chapter 1, title 74, Idaho Code.
(2) The DNA information shall be filed with the offender’s file maintained by the Idaho state police.
(3) The DNA information shall not be included in the state summary criminal history information.
(4) The DNA information, and thumbprint impressions, shall be released only to law enforcement agencies, including, but not limited to, parole officers of the department of correction, hearing officers of the parole authority, and prosecuting attorneys’ offices, at the request of the agency, except as specified in this chapter. Dissemination of this information to law enforcement agencies and prosecuting attorneys’ offices outside the state shall be done in conformity with the provisions of this chapter.
(5) Any person who, by virtue of employment or official position, or any person contracting to carry out any function under this chapter, including any officers, employees and agents of such contractor who has possession of or access to individual identifiable DNA information contained in the state DNA database or databank and who willfully discloses such information in any manner to any person or agency not entitled to receive it is guilty of a misdemeanor.
(6) Furnishing DNA information or thumbprint comparison results to defense counsel for criminal defense purposes in compliance with discovery is not a violation of this section.
(7) It is not a violation of this section to disseminate statistical or research information obtained from the offender’s file, the computerized databank system, or any of the bureau of forensic services’ databases provided that the subject of the file is not identified and cannot be identified from the information disclosed. It is also not a violation of this section to include information obtained from a file in a transcript or record of a judicial proceeding or in any other public record when the inclusion of the information in the public record is authorized by a court, statute or case law.
History:
[19-5514, added 1997, ch. 120, sec. 1, p. 348; am. 1998, ch. 123, sec. 6, p. 459; am. 2000, ch. 469, sec. 53, p. 1504; am. 2015, ch. 141, sec. 20, p. 402.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5515 - DISSEMINATION OF DATA, INFORMATION, AND SAMPLES FOR FORENSIC LABORATORY ANALYSIS.

19-5515. DISSEMINATION OF DATA, INFORMATION, AND SAMPLES FOR FORENSIC LABORATORY ANALYSIS. (1) Nothing in this chapter shall prohibit the sharing or disseminating of population database information with the following:
(a) Federal, state or local law enforcement agencies;
(b) Forensic laboratories that serve federal, state and local law enforcement agencies approved by the bureau of forensic services;
(c) A state’s attorney general’s office;
(d) A prosecuting attorney’s office; or
(e) Any third party that the chief of the bureau of forensic services deems necessary to assist the bureau of forensic services with statistical analyses of the population database or to assist in the recovery or identification of missing persons.
(2) Nothing in this chapter shall prohibit the sharing or dissemination of protocol and forensic DNA methods and quality control procedures with any of the parties identified in subsection (1) of this section.
(3) The state’s DNA population database and databank may be made available to and searched by the FBI and any agency participating in CODIS.
(4) The bureau of forensic services may provide samples from the DNA samples collected pursuant to this chapter to public DNA laboratories for law enforcement purposes provided that the privacy provisions of this section are followed and each of the following conditions are met:
(a) The methodologies and procedures used by the public DNA laboratory for analysis are approved by the bureau of forensic services;
(b) Only tests of value to law enforcement for identification purposes are performed and a copy of the results of the analysis are sent to the bureau of forensic services;
(c) All provisions concerning privacy and security enumerated in this section are followed.
History:
[19-5515, added 1997, ch. 120, sec. 1, p. 349.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5516 - DISPOSAL OF SAMPLES.

19-5516. DISPOSAL OF SAMPLES. The bureau of forensic services is authorized to have unused portions of samples or expired samples disposed of in the normal course of business and in an environmentally approved manner as long as such disposal method is designed to protect the identity and origin of samples from disclosure to third persons who are not part of law enforcement.
History:
[19-5516, added 1997, ch. 120, sec. 1, p. 350.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5517 - OPERATION WITH EXISTING LAW — AUTHORITY OF LAW ENFORCEMENT OFFICERS.

19-5517. OPERATION WITH EXISTING LAW — AUTHORITY OF LAW ENFORCEMENT OFFICERS. Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and use DNA information or thumbprint impressions for law enforcement purposes.
History:
[19-5517, added 1997, ch. 120, sec. 1, p. 350; am. 1998, ch. 123, sec. 7, p. 460.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5518 - SEVERABILITY.

19-5518. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
History:
[19-5518, added 1997, ch. 120, sec. 1, p. 350.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5601 - SHORT TITLE.

19-5601. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Drug Court and Mental Health Court Act."
History:
[19-5601, added 2001, ch. 337, sec. 1, p. 1197; am. 2005, ch. 358, sec. 2, p. 1130.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5602 - STATEMENT OF POLICY.

19-5602. STATEMENT OF POLICY. The legislature finds that:
(1) Substance abuse is a contributing cause for much of the crime in Idaho, costs millions of dollars in productivity, contributes to the ever increasing jail and prison populations and adversely impacts Idaho children;
(2) Drug courts which closely supervise, monitor, test and treat substance abusers have proven effective in certain judicial districts in Idaho and in other states in reducing the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction. Successful drug courts are based on partnerships among the courts, law enforcement, corrections and social welfare agencies;
(3) Mental illness is a substantial contributing cause to crime in Idaho. Crimes committed by persons suffering from mental illness cause substantial losses to persons and business throughout the state and endanger public safety. In addition, millions of dollars are spent each year on the incarceration, supervision and treatment of mentally ill offenders;
(4) Mental health courts in Idaho and other jurisdictions that closely supervise and monitor mentally ill adult and juvenile offenders and oversee their treatment are an innovative alternative to incarceration for certain offenders. Such courts, which can be operated in conjunction with drug courts, have provided a cost-effective approach to addressing the mental health needs of offenders, reducing recidivism, providing community protection, easing the caseload of the courts, and alleviating the problem of increasing prison, jail and detention populations; and
(5) It is in the best interests of the citizens of this state to expand the use of drug courts and mental health courts in Idaho.
The goals of the drug courts and mental health courts created by this chapter are to reduce the overcrowding of jails and prisons, to reduce alcohol and drug abuse and dependency among criminal and juvenile offenders, to hold offenders accountable, to reduce recidivism, and to promote effective interaction and use of resources among the courts, justice system personnel and community agencies.
History:
[19-5602, added 2001, ch. 337, sec. 1, p. 1197; am. 2005, ch. 358, sec. 3, p. 1130.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5603 - DRUG COURT — ESTABLISHMENT.

19-5603. DRUG COURT — ESTABLISHMENT. The district court in each county may establish a drug court which shall include a regimen of graduated sanctions and rewards, substance abuse treatment, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as may be established by the district court, in accordance with standards developed by the Idaho supreme court drug court and mental health court coordinating committee.
History:
[19-5603, added 2001, ch. 337, sec. 1, p. 1197; am. 2005, ch. 358, sec. 4, p. 1131.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5604 - ELIGIBILITY.

19-5604. ELIGIBILITY. (1) No person has a right to be admitted into drug court. The drug court in each county shall determine the eligibility of persons who may be admitted into drug court except that each candidate, prior to being admitted, must undergo: (a) a substance abuse assessment; and (b) a criminogenic risk assessment.
(2) No person shall be eligible to participate in drug court if any of the following apply:
(a) The person is currently charged with, has pled or has been adjudicated or found guilty of, a felony crime of violence or a felony crime in which the person used either a firearm or a deadly weapon or instrument.
(b) The person is currently charged with, or has pled or been found guilty of, a felony in which the person committed, attempted to commit, conspired to commit, or intended to commit a sex offense.
(3) A drug court may, after consultation with the drug court team and with the consent of the prosecuting attorney, allow a person to participate in drug court who would otherwise be ineligible only because of the provisions of subsection (2)(a) of this section.
History:
[19-5604, added 2001, ch. 337, sec. 1, p. 1197; am. 2011, ch. 186, sec. 1, p. 536.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5605 - DRUG COURT EVALUATION.

19-5605. DRUG COURT EVALUATION. The district court of each county which has implemented a drug court program shall annually evaluate the program’s effectiveness and provide a report to the supreme court as requested. A report evaluating the effectiveness of drug courts in the state shall be submitted to the governor and to the legislature by the first day of the legislative session each year.
History:
[19-5605, added 2001, ch. 337, sec. 1, p. 1197.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5606 - IMPLEMENTATION OF DRUG COURTS AND MENTAL HEALTH COURTS.

19-5606. IMPLEMENTATION OF DRUG COURTS AND MENTAL HEALTH COURTS. The supreme court shall establish a drug court and mental health court coordinating committee consisting of judges, court administrators, drug court coordinators, mental health court coordinators, prosecuting attorneys, public defenders, state and county probation officers, treatment providers, representatives of the department of correction, the department of education, the commission of pardons and parole, the department of health and welfare, the department of juvenile corrections, the Idaho state police, the Idaho transportation department, legislators, a representative of the governor’s office, law enforcement officers, mental health professionals, and others, which shall establish a drug court and mental health court implementation plan and oversee ongoing drug court and mental health court programs. The implementation plan shall include a strategy to forge partnerships among drug courts, mental health courts, public agencies, and community-based organizations to enhance drug court and mental health court effectiveness. The committee shall also develop guidelines for drug courts and mental health courts addressing eligibility, identification and screening, assessment, treatment and treatment providers, case management and supervision, and evaluation. The coordinating committee shall also solicit specific drug court and mental health court plans, and recommend funding priorities and decisions per judicial district; pursue all available alternate funding; provide technical assistance, develop procedural manuals, and schedule training opportunities for the drug court and mental health court teams; design an evaluation strategy, including participation in the statewide substance abuse evaluation plan; and design an automated drug court and mental health court management information system, which promotes information sharing with other entities.
History:
[19-5606, added 2001, ch. 337, sec. 1, p. 1198; am. 2005, ch. 358, sec. 5, p. 1131.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5607 - DRUG COURT AND MENTAL HEALTH COURT FUNDING.

19-5607. DRUG COURT AND MENTAL HEALTH COURT FUNDING. Subject to the appropriation power of the legislature, the supreme court shall be responsible for administering, allocating and apportioning all appropriations from the legislature for drug courts and mental health courts.
History:
[19-5607, added 2001, ch. 337, sec. 1, p. 1198; am. 2005, ch. 358, sec. 6, p. 1132.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5608 - DRUG COURT AND MENTAL HEALTH COURT FEE.

19-5608. DRUG COURT AND MENTAL HEALTH COURT FEE. Each person admitted into a drug court or mental health court shall pay the drug court and mental health court fee as established in section 31-3201E, Idaho Code.
History:
[19-5608, added 2004, ch. 249, sec. 2, p. 715; am. 2005, ch. 358, sec. 7, p. 1132.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5609 - MENTAL HEALTH COURTS.

19-5609. MENTAL HEALTH COURTS. (1) The district court in each county may establish a mental health court which shall include a regimen of graduated sanctions and rewards, mental health and other appropriate treatment, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, eligibility standards and other requirements as may be established by the district court, in accordance with standards developed by the Idaho supreme court drug court and mental health court coordinating committee. No person has a right to be admitted into a mental health court. A mental health court may be operated in conjunction with a drug court.
(2) The district court of each county that has implemented a mental health court shall annually evaluate the mental health court’s effectiveness and provide a report to the supreme court as requested. If the mental health court is operated in conjunction with a drug court, a single report may be submitted for the drug court and mental health court. A report evaluating the effectiveness of mental health courts in the state shall be submitted to the governor and to the legislature by the first day of the legislative session each year.
History:
[19-5609, added 2005, ch. 358, sec. 8, p. 1132.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 56 - IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT › Section 19-5610 - COUNSELING SERVICE IN DRUG COURTS AND MENTAL HEALTH COURTS.

19-5610. COUNSELING SERVICE IN DRUG COURTS AND MENTAL HEALTH COURTS. Any licensee licensed under chapter 34, title 54, Idaho Code, who is in good standing with the Idaho state licensing board of professional counselors and marriage and family therapists shall be eligible to provide professional counseling services to an adult receiving service through a drug court or mental health court established pursuant to this chapter. No licensee shall be automatically disqualified from providing professional counseling services because of a prior criminal conviction. For purposes of this section, the relevancy of a licensee’s prior criminal conviction shall be evaluated pursuant to section 67-9411, Idaho Code.
History:
[19-5610, added 2023, ch. 48, sec. 1, p. 195.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 57 - ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE › Section 19-5701 - PURPOSE.

19-5701. PURPOSE. The legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking or malicious harassment frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, sexual assault, malicious harassment, human trafficking or stalking, to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence, sexual assault, malicious harassment, human trafficking or stalking, and to enable state and local agencies to accept a program participant’s use of an address designated by the secretary of state as a substitute mailing address.
History:
[19-5701, added 2008, ch. 232, sec. 1, p. 703; am. 2018, ch. 112, sec. 1, p. 227.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 57 - ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE › Section 19-5702 - DEFINITIONS.

19-5702. DEFINITIONS. Unless the context clearly requires otherwise, for purposes of this chapter, the following terms have the following meanings:
(1) "Address" means a residential street address of an individual as specified on the individual’s application to be a program participant under this chapter.
(2) "Domestic violence" means an act pursuant to section 18-918, Idaho Code.
(3) "Human trafficking" means an act pursuant to section 18-8602, Idaho Code.
(4) "Malicious harassment" means an act pursuant to section 18-7902, Idaho Code.
(5) "Program participant" means a person certified as a program participant pursuant to section 19-5703, Idaho Code.
(6) "Sexual assault" means an act pursuant to section 18-1506, 18-1508, 18-1508A or 18-6101, Idaho Code.
(7) "Stalking" means an act pursuant to section 18-7905 or 18-7906, Idaho Code.
History:
[19-5702, added 2008, ch. 232, sec. 1, p. 704; am. 2018, ch. 112, sec. 2, p. 227.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 57 - ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE › Section 19-5704 - CERTIFICATION CANCELLATION.

19-5704. CERTIFICATION CANCELLATION. (1) The secretary of state may cancel a program participant’s certification if there is a change in the name or residential address from that listed on the application, unless the program participant provides the secretary of state with seven (7) days’ prior notice of the change of name or address.
(2) The secretary of state may cancel certification of a program participant if mail forwarded by the secretary to the program participant’s address is returned as nondeliverable.
(3) The secretary of state may cancel certification of a program participant who applies using false information.
History:
[19-5704, added 2008, ch. 232, sec. 1, p. 705.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 57 - ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE › Section 19-5705 - USE OF DESIGNATED ADDRESS.

19-5705. USE OF DESIGNATED ADDRESS. (1) A program participant may request that state and local agencies use the address designated by the secretary of state as his or her address. When creating a new public record, state and local agencies shall accept the address designated by the secretary of state as a program participant’s substitute address, unless the agency shows that:
(a) The agency has a bona fide statutory or administrative requirement for the use of a program participant’s address which would otherwise be confidential under this chapter;
(b) The program participant’s address will be used only for those statutory and administrative purposes; and
(c) The agency takes reasonable precautions to protect the confidentiality of the program participant.
(2) A program participant may use the address designated by the secretary of state as his or her work address.
(3) The office of the secretary of state shall forward all first class priority and other mail as deemed necessary by the secretary of state to the appropriate program participant.
History:
[19-5705, added 2008, ch. 232, sec. 1, p. 705; am. 2018, ch. 112, sec. 4, p. 229.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 57 - ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE › Section 19-5706 - DISCLOSURE OF RECORDS PROHIBITED — EXCEPTIONS.

19-5706. DISCLOSURE OF RECORDS PROHIBITED — EXCEPTIONS. Notwithstanding any other provision of state law, the secretary of state shall not make any records in a program participant’s file available for inspection or copying, other than the address designated by the secretary of state, except under the following circumstances:
(1) If requested by a law enforcement agency, to the law enforcement agency; or
(2) If directed by a court order, to a person identified in the order.
History:
[19-5706, added 2008, ch. 232, sec. 1, p. 705.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 57 - ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE › Section 19-5707 - IMMUNITY FROM LIABILITY.

19-5707. IMMUNITY FROM LIABILITY. Neither a governmental entity nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this act.
History:
[19-5707, added 2008, ch. 232, sec. 1, p. 705.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 57 - ADDRESS CONFIDENTIALITY FOR VICTIMS OF VIOLENCE › Section 19-5708 - ADOPTION OF RULES.

19-5708. ADOPTION OF RULES. The secretary of state may adopt rules to facilitate the administration of this chapter by state and local agencies.
History:
[19-5708, added 2008, ch. 232, sec. 1, p. 705.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 58 - ADDRESS CONFIDENTIALITY FOR LAW ENFORCEMENT OFFICERS › Section 19-5802 - DISCLOSURE OF RESIDENTIAL STREET ADDRESS AND TELEPHONE NUMBER PROHIBITED — EXCEPTIONS.

19-5802. DISCLOSURE OF RESIDENTIAL STREET ADDRESS AND TELEPHONE NUMBER PROHIBITED — EXCEPTIONS. Notwithstanding any other provision of state law, a public agency shall not disclose to any person or entity the Idaho residential street address and telephone number of a law enforcement officer and such officer’s residing household member(s) upon submission of an application and fee consistent with the provisions of section 19-5803, Idaho Code, except under any of the following circumstances:
(1) If directed by a court order, to a person identified in the court order;
(2) If requested by a law enforcement agency, to the law enforcement agency;
(3) If requested by a financial institution or title company for business purposes, to the requesting financial institution or title company; or
(4) If the law enforcement officer provides written permission for disclosure of such information.
History:
[19-5802, added 2010, ch. 225, sec. 2, p. 505.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 58 - ADDRESS CONFIDENTIALITY FOR LAW ENFORCEMENT OFFICERS › Section 19-5803 - ADDRESS CONFIDENTIALITY — ELIGIBILITY.

19-5803. ADDRESS CONFIDENTIALITY — ELIGIBILITY. (1) Law enforcement officers desiring that their Idaho residential street address and telephone number, and the Idaho residential street address and telephone number of their residing household member(s) be exempt from disclosure pursuant to this chapter and section 74-106(30), Idaho Code, may submit an application and a fee, if any, to the custodian of the public record that contains such information. Upon receipt of an application and fee, the public agency shall comply with the provisions of this chapter for a period of four (4) years. Thereafter, law enforcement officers may renew the exemption by submitting a new application and fee, if any. The public agency may establish a fee schedule not to exceed the actual cost to the agency of complying with the provisions of this chapter.
(2) Law enforcement officers may submit an application to a public agency requesting that the public agency use an alternative Idaho mailing address rather than the Idaho residential street address of any such officer and of any such officer’s residing household member(s) on all applications and on all identification cards, licenses, certificates, permits, tags and other similar documents that are issued to the officer or to such officer’s residing household member(s) by the public agency. A public agency receiving such application shall comply with the request.
(3) A person shall cease to be eligible for an exemption under this chapter if such person ceases to be a law enforcement officer or a residing household member(s). Within thirty (30) days of such cessation, the person shall notify, in writing, every public agency to which the person has made an application stating that he or she is no longer eligible for such exemption. If a law enforcement officer changes employment but is still eligible for an exemption under this chapter, such law enforcement officer shall, within thirty (30) days of changing employment, submit a new application to every public agency to which such officer has made an application.
(4) Nothing in this chapter shall prevent a public agency from obtaining the residential street address and telephone number of a law enforcement officer and of any residing household member(s). A law enforcement officer who has submitted an application pursuant to the provisions of this chapter shall provide his or her current Idaho residential street address to his or her employing entity.
History:
[19-5803, added 2010, ch. 225, sec. 2, p. 506; am. 2011, ch. 151, sec. 9, p. 422; am. 2015, ch. 141, sec. 22, p. 403.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 58 - ADDRESS CONFIDENTIALITY FOR LAW ENFORCEMENT OFFICERS › Section 19-5804 - IMMUNITY FROM LIABILITY.

19-5804. IMMUNITY FROM LIABILITY. Neither a public agency nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this chapter.
History:
[19-5804, added 2010, ch. 225, sec. 2, p. 506.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 59 - STATE APPELLATE PUBLIC DEFENDER ACT › Section 19-5901 - SHORT TITLE.

19-5901. SHORT TITLE. This chapter shall be known and may be cited as the "State Appellate Public Defender Act."
History:
[19-5901, added 2021, ch. 164, sec. 2, p. 466.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 59 - STATE APPELLATE PUBLIC DEFENDER ACT › Section 19-5902 - LEGISLATIVE INTENT.

19-5902. LEGISLATIVE INTENT. The legislature recognizes that the cost of legal representation of indigent defendants upon the appeal of their criminal convictions, particularly convictions for first-degree murder, is an extraordinary burden on the counties of this state. In order to reduce this burden and provide competent counsel, but avoid paying high hourly rates to independent counsel to represent indigent defendants in appellate proceedings, the legislature finds it necessary to create the office of the state appellate public defender.
History:
[19-5902, added 2021, ch. 164, sec. 2, p. 466.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 59 - STATE APPELLATE PUBLIC DEFENDER ACT › Section 19-5903 - CREATION OF OFFICE OF THE STATE APPELLATE PUBLIC DEFENDER.

19-5903. CREATION OF OFFICE OF THE STATE APPELLATE PUBLIC DEFENDER. The office of the state appellate public defender is hereby created in the department of self-governing agencies.
History:
[19-5903, added 2021, ch. 164, sec. 2, p. 466; am. 2023, ch. 220, sec. 18, p. 675.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 59 - STATE APPELLATE PUBLIC DEFENDER ACT › Section 19-5905 - POWERS AND DUTIES.

19-5905. POWERS AND DUTIES. (1) Subject to the provisions of subsection (2) of this section, the state appellate public defender, upon appointment by the court, shall provide representation for indigent defendants in the following cases:
(a) Appeals from convictions or post-judgment orders in district court;
(b) Interlocutory criminal appeals from district court;
(c) Appeals from the district court of misdemeanor cases;
(d) Appeals from the district court of orders or final judgments affecting a juvenile offender under the juvenile corrections act, chapter 5, title 20, Idaho Code;
(e) Appeals from the district court in post-conviction relief proceedings brought pursuant to the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code;
(f) Appeals from the district court in habeas corpus proceedings brought pursuant to chapter 42, title 19, Idaho Code; and
(g) Post-conviction relief proceedings in district court in capital cases.
(2) The services of the state appellate public defender shall be available only to those counties participating in the capital crimes defense fund established pursuant to section 19-5908, Idaho Code.
(3) The state appellate public defender may employ deputy state appellate public defenders and other employees necessary to carry out the responsibilities of the office. A deputy state appellate public defender must be licensed to practice law in the state of Idaho and possess any other qualifications required by the state appellate public defender. The state appellate public defender shall fix the compensation of all employees of the office and they shall serve at his pleasure.
(4) The state appellate public defender, deputy state appellate public defenders, and all employees of the office of the state appellate public defender shall be nonclassified employees pursuant to section 67-5303, Idaho Code.
(5) The state appellate public defender, in his discretion, may contract with private attorneys to provide representation on a case-by-case basis when such contracts would conserve budgetary resources.
(6) The state appellate public defender shall have any and all other powers and duties necessary to carry out the purposes of this chapter.
History:
[19-5905, added 2021, ch. 164, sec. 2, p. 466; am. 2023, ch. 220, sec. 21, p. 676.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 59 - STATE APPELLATE PUBLIC DEFENDER ACT › Section 19-5906 - APPOINTMENT OF ADDITIONAL COUNSEL.

19-5906. APPOINTMENT OF ADDITIONAL COUNSEL. Should the state appellate public defender be unable to carry out the duties required in this chapter because of a conflict of interest or any other reason, the state appellate public defender shall arrange for counsel for indigent defendants to be compensated out of the budget of the state appellate public defender.
History:
[19-5906, added 2021, ch. 164, sec. 2, p. 467.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 59 - STATE APPELLATE PUBLIC DEFENDER ACT › Section 19-5907 - ANNUAL REPORT.

19-5907. ANNUAL REPORT. The state appellate public defender shall make an annual report to the state board of examiners, the supreme court, the legislature, and all counties for which the office has provided services concerning the cases handled by the office during the preceding year.
History:
[19-5907, added 2021, ch. 164, sec. 2, p. 467.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 59 - STATE APPELLATE PUBLIC DEFENDER ACT › Section 19-5908 - CAPITAL CRIMES DEFENSE FUND AUTHORIZED.

19-5908. CAPITAL CRIMES DEFENSE FUND AUTHORIZED. (1) The establishment of a capital crimes defense fund by the counties of the state for purposes of funding the costs of criminal defense in cases where the penalty of death is a legal possibility is hereby authorized. The fund shall be organized and operated in accordance with a joint powers agreement, as authorized by chapter 23, title 67, Idaho Code, executed by the participating counties. Membership in the fund shall be voluntary, as determined by resolution of the board of county commissioners of the respective counties of the state.
(2) The fund may be comprised of contributions from participating counties and any court fees or other funds designated or appropriated for deposit in the fund by the legislature.
(3) The fund shall be operated and administered by a board of representatives to be selected as provided in the joint powers agreement. If moneys are appropriated to the fund by the legislature, the governor shall appoint a representative of the executive branch of state government to serve as a voting member of the governing board, and if court fees are designated for deposit in the fund, the Idaho supreme court shall appoint a representative of the judicial branch of state government to serve as a voting member of the board.
(4) The governing board of the fund shall have full authority to employ personnel and contract for personal and professional services as necessary and may take all other steps necessary or proper to determine the manner in which the fund shall be utilized to assist participating counties in meeting defense costs associated with representation of indigent defendants charged with crimes for which the penalty of death is a legal possibility.
(5) Beginning October 1, 2022, the state appellate public defender assumes all responsibility for providing representation for indigent defendants in the cases described in section 19-5905, Idaho Code; provided, however, that all counties participating in the capital crimes defense fund on January 1, 2022, shall be required to continue participation until October 1, 2024. At an appropriate time after October 1, 2024, participating counties are authorized to dissolve the fund.
History:
[(19-5908) 19-863A, added 1998, ch. 389, sec. 1, p. 1190; am. 2021, ch. 164, sec. 3, p. 467; am. 2022, ch. 318, sec. 57, p. 1030; am. and redesig. 2023, ch. 220, sec. 22, p. 677.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6001 - SHORT TITLE.

19-6001. SHORT TITLE. [EFFECTIVE JULY 1, 2024] This chapter shall be known and may be cited as the "State Public Defender Act."
History:
[19-6001, added 2023, ch. 220, sec. 1, p. 661.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6002 - DEFINITIONS.

19-6002. DEFINITIONS. [EFFECTIVE JULY 1, 2024] As used in this chapter:
(1) "Defending attorney" means any attorney employed by an indigent defense provider or otherwise under contract to represent adults or juveniles at public expense, consistent with the provisions of this chapter.
(2) "Detain" means to have in custody or otherwise deprive of freedom of action.
(3) "Expenses," when used with reference to representation pursuant to this chapter, includes the expenses of investigation, experts, testing, and other pretrial preparation, trials, post-verdict motions, and post-conviction relief proceedings brought pursuant to the uniform post-conviction procedure act, chapter 49, title 19, Idaho Code.
(4) "Indigent defense provider" means the office of the state public defender or any agency, entity, organization, or person selected by the office for the direct provision of indigent defense services as a means to provide for the representation of indigent persons and other individuals who are entitled to be represented by an attorney at public expense.
(5) "Indigent person" means a person who, at the time his need is determined pursuant to section 19-6009, Idaho Code, is unable to provide for the full payment of an attorney and all other necessary expenses of representation.
(6) "Serious crime" means any offense for which the penalty includes the possibility of confinement, incarceration, imprisonment, or detention in a correctional facility, regardless of whether actually imposed.
History:
[19-6002, added 2023, ch. 220, sec. 1, p. 661.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6003 - OFFICE OF THE STATE PUBLIC DEFENDER CREATED.

19-6003. OFFICE OF THE STATE PUBLIC DEFENDER CREATED. [EFFECTIVE JULY 1, 2024] The office of the state public defender is hereby created in the department of self-governing agencies.
History:
[19-6003, added 2023, ch. 220, sec. 1, p. 662.]