reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3936 - ENTITLING AFFIDAVITS.

19-3936. ENTITLING AFFIDAVITS. The provisions in respect to entitling affidavits are applicable to proceedings in the courts mentioned in this chapter.
History:
[(19-3936) R.S., R.C., & C.L., sec. 8314; C.S., sec. 9262; I.C.A., sec. 19-4036.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3945 - JURORS AND WITNESSES — FEES AND MILEAGE — APPLICATION FOR SUBPOENAS.

19-3945. JURORS AND WITNESSES — FEES AND MILEAGE — APPLICATION FOR SUBPOENAS. Witnesses before a special inquiry judge and in criminal cases in the magistrate division of district court, and witnesses in a coroner’s inquest, are entitled to the same fees and mileage as provided in section 19-3008, Idaho Code, for witnesses in criminal proceedings in the district court, which must be paid out of the county treasury; provided, however, that when the state or the defendant requires the attendance of more than three (3) witnesses in its or his behalf, before such witnesses shall be subpoenaed at the county expense, or their fees and mileages be a charge against the county, the county attorney or defendant must make affidavit setting forth that they are witnesses whose evidence is material for the state or the defense, and the facts showing such materiality, and that it or he cannot safely go to trial without them. In such case or cases, the court or judge thereof, at the time the application is made therefor, shall order a subpoena to issue to such of said witnesses as the court or judge thereof may deem material for the state or defendant, and the costs incurred by the process, and the fees and mileage of such witnesses, shall be paid in the same manner that the costs and fees of other witnesses are paid. Jurors in a coroner’s inquest are entitled to the mileage and per diem payments as provided for jurors in section 2-215, Idaho Code.
History:
[(19-3945) 1905, p. 173, sec. 1; reen. R.C. & C.L., sec. 8338; C.S., sec. 9271; I.C.A., sec. 19-4045; am. 1939, ch. 20, sec. 1, p. 51; am. 1961, ch. 6, sec. 1, p. 8; am. 2012, ch. 18, sec. 1, p. 37.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3946 - AFFIDAVIT AS TO MILES TRAVELED.

19-3946. AFFIDAVIT AS TO MILES TRAVELED. Each juror and witness must state on oath to the judge, justice or coroner, the number of miles traveled for which he is entitled to pay; but no juror or witness shall receive mileage other than for the distance actually traveled, notwithstanding he may serve or testify in more than one case.
History:
[(19-3946) 1905, p. 173, sec. 2; reen. R.C. & C.L., sec. 8339; C.S., sec. 9272; I.C.A., sec. 19-4046.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3947 - COUNTY MISDEMEANOR PROBATION OFFICE SERVICES.

19-3947. COUNTY MISDEMEANOR PROBATION OFFICE SERVICES. Misdemeanor probation office services shall be as provided in section 31-878, Idaho Code.
History:
[19-3947, added 2008, ch. 88, sec. 2, p. 243.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4001 - OFFICERS SUBJECT TO IMPEACHMENT.

19-4001. OFFICERS SUBJECT TO IMPEACHMENT. Any state officer, created by state law, shall be liable to impeachment for any misdemeanor in office.
History:
[(19-4001) Cr. Prac. 1864, sec. 49, p. 219; R.S., R.C., & C.L., sec. 7425; C.S., sec. 8654; I.C.A., sec. 19-4101.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4002 - ARTICLES OF IMPEACHMENT — PREPARATION AND TRIAL.

19-4002. ARTICLES OF IMPEACHMENT — PREPARATION AND TRIAL. All impeachments must be by resolution adopted and originated in the house of representatives, and conducted by managers elected by the house, who must prepare articles of impeachment, present them at the bar of the senate, and prosecute the same. The trial must be had before the senate, sitting as a court of impeachment.
History:
[(19-4002) Cr. Prac. 1864, sec. 50, p. 219; R.S., R.C., & C.L., sec. 7426; C.S., sec. 8655; I.C.A., sec. 19-4102.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4003 - DELIVERY OF ARTICLES TO PRESIDENT OF SENATE.

19-4003. DELIVERY OF ARTICLES TO PRESIDENT OF SENATE. When an officer is impeached by the house of representatives for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate.
History:
[(19-4003) Cr. Prac. 1864, sec. 51, p. 219; R.S., R.C., & C.L., sec. 7427; C.S., sec. 8656; I.C.A., sec. 19-4103.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4004 - TIME AND NOTICE OF HEARING.

19-4004. TIME AND NOTICE OF HEARING. The senate must assign a day for the hearing of the impeachment and inform the house of representatives thereof. The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than ten (10) days before the day fixed for the hearing.
History:
[(19-4004) Cr. Prac. 1864, sec. 52, p. 219; R.S., R.C., & C.L., sec. 7428; C.S., sec. 8657; I.C.A., sec. 19-4104.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4005 - SERVICE OF NOTICE.

19-4005. SERVICE OF NOTICE. The service must be made upon the defendant personally, or if he cannot, upon diligent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment.
History:
[(19-4005) Cr. Prac. 1864, sec. 53, p. 219; R.S., R.C., & C.L., sec. 7429; C.S., sec. 8656; I.C.A., sec. 19-4105.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4006 - FAILURE OF DEFENDANT TO APPEAR.

19-4006. FAILURE OF DEFENDANT TO APPEAR. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the last two (2) sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed in the absence of the defendant to trial and judgment.
History:
[(19-4006) Cr. Prac. 1864, sec. 54, p. 220; R.S., R.C., & C.L., sec. 7430; C.S., sec. 8659; I.C.A., sec. 19-4106.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4007 - ANSWER OR DEMURRER.

19-4007. ANSWER OR DEMURRER. When the defendant appears he may, in writing, object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal, and puts in issue every material allegation of the articles of impeachment.
History:
[(19-4007) Cr. Prac. 1864, secs. 55, 56, p. 220; R.S., R.C., & C.L., sec. 7431; C.S., sec. 8660; I.C.A., sec. 19-4107.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4008 - OVERRULING DEMURRER — PLEA AND TRIAL.

19-4008. OVERRULING DEMURRER — PLEA AND TRIAL. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the senate must render judgment of conviction against him. If he pleads not guilty, the senate must at such time as it may appoint, proceed to try the impeachment.
History:
[(19-4008) Cr. Prac. 1864, sec. 57, p. 220; R.S., R.C., & C.L., sec. 7432; C.S., sec. 8661; I.C.A., sec. 19-4108.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4009 - SENATE TO BE SWORN.

19-4009. SENATE TO BE SWORN. At the time and place appointed and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly and impartially to hear, try, and determine the impeachment; and no member of the senate can act or vote upon the impeachment or upon any question arising thereon without having taken such oath.
History:
[(19-4009) Cr. Prac. 1864, sec. 58, p. 220; R.S., R.C., & C.L., sec. 7433; C.S., sec. 8662; I.C.A., sec. 19-4109.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4010 - VOTE NECESSARY FOR CONVICTION.

19-4010. VOTE NECESSARY FOR CONVICTION. The defendant cannot be convicted on an impeachment without the concurrence of two-thirds (2/3) of the members elected, voting by ayes and noes, and if two-thirds (2/3) of the members elected do not concur in a conviction, he must be acquitted.
History:
[(19-4010) Cr. Prac. 1864, sec. 60, p. 220; R.S., sec. 7434; am. R.C., & C.L., sec. 7434; C.S., sec. 8663; I.C.A., sec. 19-4110.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4011 - JUDGMENT OF CONVICTION.

19-4011. JUDGMENT OF CONVICTION. After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution, entered upon the journals of the senate.
History:
[(19-4011) Cr. Prac. 1864, sec. 61, p. 220; R.S., R.C., & C.L., sec. 7435; C.S., sec. 8664; I.C.A., sec. 19-4111.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4012 - ADOPTION OF JUDGMENT.

19-4012. ADOPTION OF JUDGMENT. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.
History:
[(19-4012) Cr. Prac. 1864, sec. 62, p. 221; R.S., R.C., & C.L., sec. 7436; C.S., sec. 8665; I.C.A., sec. 19-4112.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4013 - EXTENT OF JUDGMENT.

19-4013. EXTENT OF JUDGMENT. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office in this state.
History:
[(19-4013) Cr. Prac. 1864, sec. 63, p. 221; R.S., R.C., & C.L., sec. 7437; C.S., sec. 8666; I.C.A., sec. 19-4113.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4014 - JUDGMENT OF SUSPENSION.

19-4014. JUDGMENT OF SUSPENSION. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.
History:
[(19-4014) Cr. Prac. 1864, sec. 64, p. 221; R.S., R.C., & C.L., sec. 7438; C.S., sec. 8667; I.C.A., sec. 19-4114.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4015 - SUSPENSION PENDING TRIAL.

19-4015. SUSPENSION PENDING TRIAL. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension of any state officer, his office must at once be temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached; or, in case of his removal, until the vacancy is filled as required by law.
History:
[(19-4015) Cr. Prac. 1864, sec. 65, p. 221; R.S., R.C., & C.L., sec. 7439; C.S., sec. 8668; I.C.A., sec. 19-4115.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 40 - IMPEACHMENTS › Section 19-4016 - IMPEACHMENT NOT A BAR TO INDICTMENT.

19-4016. IMPEACHMENT NOT A BAR TO INDICTMENT. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment, the indictment is not barred thereby.
History:
[(19-4016) Cr. Prac. 1864, sec. 66, p. 221; R.S., R.C., & C.L., sec. 7440; C.S., sec. 8669; I.C.A., sec. 19-4116.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4101 - PRESENTATION OF ACCUSATION.

19-4101. PRESENTATION OF ACCUSATION. An accusation in writing against any district, county, precinct, or municipal officer, for wilful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.
History:
[(19-4101) Cr. Prac. 1864, sec. 67, p. 221; R.S., R.C., & C.L., sec. 7445; C.S., sec. 8670; I.C.A., sec. 19-4201.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4102 - FORM OF ACCUSATION.

19-4102. FORM OF ACCUSATION. The accusation must state the offense charged, in ordinary and concise language, and without repetition.
History:
[(19-4102) Cr. Prac. 1864, sec. 68, p. 221; R.S., R.C., & C.L., sec. 7446; C.S., sec. 8671; I.C.A., sec. 19-4202.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4103 - SERVICE ON DEFENDANT.

19-4103. SERVICE ON DEFENDANT. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county (except when he is the officer accused), who must cause a copy thereof to be served upon the defendant, and require by notice in writing, of not less than ten (10) days, that he appear before the district court of the county, then sitting or at its next term, and answer the accusation. The original accusation must then be filed with the clerk of the district court.
History:
[(19-4103) Cr. Prac. 1864, sec. 69, p. 221; R.S., R.C., & C.L., sec. 7447; C.S., sec. 8672; I.C.A., sec. 19-4203.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4104 - APPEARANCE AND ANSWER — DEFAULT.

19-4104. APPEARANCE AND ANSWER — DEFAULT. The defendant must appear at the time appointed in the notice and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.
History:
[(19-4104) Cr. Prac. 1864, sec. 70, p. 221; R.S., R.C., & C.L., sec. 7448; C.S., sec. 8673; I.C.A., sec. 19-4204.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4105 - ANSWER OR DEMURRER.

19-4105. ANSWER OR DEMURRER. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.
History:
[(19-4105) Cr. Prac. 1864, sec. 71, p. 221; R.S., R.C., & C.L., sec. 7449; C.S., sec. 8674; I.C.A., sec. 19-4205.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4106 - FORM OF DEMURRER.

19-4106. FORM OF DEMURRER. If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection.
History:
[(19-4106) Cr. Prac. 1864, sec. 72, p. 221; R.S., R.C., & C.L., sec. 7450; C.S., sec. 8675; I.C.A., sec. 19-4206.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4107 - FORM OF DENIAL.

19-4107. FORM OF DENIAL. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.
History:
[(19-4107) Cr. Prac. 1864, sec. 73, p. 222; R.S., R.C., & C.L., sec. 7451; C.S., sec. 8676; I.C.A., sec. 19-4207.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4108 - ANSWER AFTER OVERRULING DEMURRER.

19-4108. ANSWER AFTER OVERRULING DEMURRER. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith.
History:
[(19-4108) Cr. Prac. 1864, sec. 74, p. 222; R.S., R.C., & C.L., sec. 7452; C.S., sec. 8677; I.C.A., sec. 19-4208.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4109 - PROCEEDINGS ON PLEA.

19-4109. PROCEEDINGS ON PLEA. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation.
History:
[(19-4109) Cr. Prac. 1864, sec. 75, p. 222; R.S., R.C., & C.L., sec. 7453; C.S., sec. 8678; I.C.A., sec. 19-4209.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4110 - TRIAL BY JURY.

19-4110. TRIAL BY JURY. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.
History:
[(19-4110) Cr. Prac. 1864, sec. 76, p. 222; R.S., R.C., & C.L., sec. 7454; C.S., sec. 8679; I.C.A., sec. 19-4210.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4111 - PROCESS FOR WITNESSES.

19-4111. PROCESS FOR WITNESSES. The prosecuting attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment.
History:
[(19-4111) Cr. Prac. 1864, sec. 77, p. 222; R.S., R.C., & C.L., sec. 7455; C.S., sec. 8680; I.C.A., sec. 19-4211.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4112 - JUDGMENT OF REMOVAL.

19-4112. JUDGMENT OF REMOVAL. Upon a conviction, the court must, at such time as it may appoint, pronounce a judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned therein.
History:
[(19-4112) Cr. Prac. 1864, sec. 78, p. 222; R.S., R.C., & C.L., sec. 7456; C.S., sec. 8681; I.C.A., sec. 19-4212.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4113 - APPEAL — HOW TAKEN AND EFFECT.

19-4113. APPEAL — HOW TAKEN AND EFFECT. From a judgment of removal an appeal may be taken to the supreme court, in the same manner as from a judgment in a civil action; but until such judgment is reversed the defendant is suspended from his office. Pending the appeal, the office must be filled as in case of a vacancy.
History:
[(19-4113) Cr. Prac. 1864, sec. 79, p. 222; R.S., R.C., & C.L., sec. 7457; C.S., sec. 8682; I.C.A., sec. 19-4213.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 41 - REMOVAL OF CIVIL OFFICERS › Section 19-4114 - REMOVAL OF PROSECUTING ATTORNEY.

19-4114. REMOVAL OF PROSECUTING ATTORNEY. The same proceedings may be had on like grounds for the removal of a prosecuting attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to the district judge of the district, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accusation in the hands of the prosecuting attorney of an adjoining county, and require him to conduct the proceedings.
History:
[(19-4114) Cr. Prac. 1864, sec. 80, p. 222; R.S., R.C., & C.L., sec. 7458; C.S., sec. 8683; I.C.A., sec. 19-4214.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4201 - SHORT TITLE.

19-4201. SHORT TITLE. Sections 19-4201 through 19-4226, Idaho Code, shall be known and may be cited as the "Idaho Habeas Corpus and Institutional Litigation Procedures Act."
History:
[19-4201, added 1999, ch. 376, sec. 2, p. 1027.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4201A - DEFINITIONS.

19-4201A. DEFINITIONS. As used in this chapter:
(1) "Correctional facility" means a facility for the confinement of prisoners. Unless otherwise specifically provided, the term shall include a state, local or private correctional facility.
(2) "In-state prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated in a correctional facility for that crime or is in custody for trial and sentencing.
(3) "Institution" or "state or county institution" means a place owned or operated by or under the control of the state or county in which a person other than a prisoner is restrained and with respect to which restraint the person may file a petition for a writ of habeas corpus under the provisions of this chapter.
(4) "Local correctional facility" means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include any reference to "jail" or "county jail."
(5) "Out-of-state prisoner" means a person who has been convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho.
(6) "Prisoner" includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise.
(7) "Private correctional facility" means a correctional facility owned or operated in the state of Idaho by a private prison contractor.
(8) "Private prison contractor" means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private correctional facilities or any combination of these services.
(9) "State correctional facility" means a correctional facility owned or operated by or under the control of the state of Idaho.
History:
[19-4201A, added 2000, ch. 271, sec. 1, p. 778.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4202 - JURISDICTION TO CONSIDER PETITIONS FOR WRIT OF HABEAS CORPUS.

19-4202. JURISDICTION TO CONSIDER PETITIONS FOR WRIT OF HABEAS CORPUS. The following courts of this state shall have original jurisdiction to consider a petition for writ of habeas corpus, grant the writ and/or order relief under this chapter:
(1) The supreme court; or
(2) The district court of the county in which the person is detained.
History:
[19-4202, added 1999, ch. 376, sec. 2, p. 1027.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4204 - APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER.

19-4204. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER. (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained.
(2) The petition must be verified by the oath or affirmation of the party applying for the writ and shall specify:
(a) That the person is unlawfully restrained of his liberty;
(b) The identity and address of the person restraining the subject of the petition;
(c) The name and address of the place in which the person is restrained;
(d) A description of the facts which make the restraint illegal; and
(e) The theory of law upon which relief is sought, if known.
(3) Application under this section may be made by a guardian on behalf of a minor or by a guardian on behalf of an incapacitated person as defined in section 15-5-101, Idaho Code.
History:
[19-4204, added 1999, ch. 376, sec. 2, p. 1028.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4205 - APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER.

19-4205. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER. (1) Application for a writ of habeas corpus by a prisoner shall be made by filing a petition for a writ of habeas corpus in the district court of the county in which the prisoner claims his confinement or aspects of his confinement violate provisions of the state or federal constitutions.
(2) With respect to a petition filed by an in-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning:
(a) The conditions of his confinement;
(b) The revocation of his parole;
(c) Miscalculation of his sentence;
(d) Loss of good time credits; or
(e) A detainer lodged against him.
(3) With respect to a petition filed by an out-of-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning the conditions of his confinement, as provided in section 19-4203(3), Idaho Code.
(4) A petition filed by a prisoner under subsection (1), (2) or (3) of this section shall specify:
(a) The identity and address of the person or officer whom the prisoner believes is responsible for the alleged state or federal constitutional violations, and shall name the persons identified individually as respondents;
(b) The name, if any, and address of the place in which the prisoner is incarcerated;
(c) The name and address of the place in which the prisoner claims the constitutional violation occurred;
(d) A short and plain statement of the facts underlying the alleged state or federal constitutional violation; and
(e) Whether the petitioner is an out-of-state prisoner.
(5) Neither the state of Idaho, any of its political subdivisions, or any of its agencies, nor any private correctional facility shall be named as respondents in a prisoner petition for writ of habeas corpus.
History:
[19-4205, added 1999, ch. 376, sec. 2, p. 1028; am. 2000, ch. 271, sec. 3, p. 779.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4206 - PRISONERS REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDITIONS OF CONFINEMENT CASES.

19-4206. PRISONERS REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDITIONS OF CONFINEMENT CASES. (1) Unless a petitioner who is a prisoner establishes to the satisfaction of the court that he is in imminent danger of serious physical injury, no petition for writ of habeas corpus or any other civil action shall be brought by any person confined in a state or county institution, or in a state, local or private correctional facility, with respect to conditions of confinement until all available administrative remedies have been exhausted. If the institution, or state, local or private correctional facility does not have a system for administrative remedy, this requirement shall be waived.
(2) At the time of filing, the petitioner shall submit, together with the petition for writ of habeas corpus a true, correct and complete copy of any documentation which demonstrates that he has exhausted administrative remedies described in subsection (1) of this section.
(3) If at the time of filing the petition for writ of habeas corpus the petitioner fails to comply with this section, the court shall dismiss the petition with or without prejudice.
History:
[19-4206, added 1999, ch. 376, sec. 2, p. 1029; am. 2000, ch. 271, sec. 4, p. 780.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4207 - APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER.

19-4207. APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER. A petition for writ of habeas corpus may only be filed by a person described in section 19-4203, Idaho Code, or his attorney, except that a petition may be filed on behalf of an aggrieved person who is a minor, or on behalf of a person who is incapacitated as defined by section 15-5-101, Idaho Code, by the aggrieved person’s legal guardian.
History:
[19-4207, added 1999, ch. 376, sec. 2, p. 1029.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4208 - GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS.

19-4208. GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS. A habeas corpus proceeding is a civil action and is governed by the provisions of this chapter and the Idaho court rules to the extent that such rules are not inconsistent with this act.
History:
[19-4208, added 1999, ch. 376, sec. 2, p. 1029.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4210 - DISCOVERY IN HABEAS CORPUS PROCEEDINGS.

19-4210. DISCOVERY IN HABEAS CORPUS PROCEEDINGS. (1) Discovery shall not ordinarily be permitted in habeas corpus cases.
(2) No discovery shall be permitted if the issues raised by the petition, the response or reply are wholly legal in nature.
(3) If factual issues are raised by the pleadings, the court may, upon motion, grant leave for discovery in accordance with Idaho rules of civil procedure.
(a) The party must file a motion for leave to conduct discovery, attaching a copy of the discovery sought.
(b) If the court finds that discovery is necessary to protect or defend a substantive state or federal constitutional right at issue, it shall enter an order tailored to allow discovery for that limited purpose.
History:
[19-4210, added 1999, ch. 376, sec. 2, p. 1031.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4211 - ISSUANCE OF WRIT OF HABEAS CORPUS.

19-4211. ISSUANCE OF WRIT OF HABEAS CORPUS. (1) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus pursuant to a petition filed by, or, pursuant to section 19-4207, Idaho Code, on behalf of a person not a prisoner if it finds that the restraint of the person’s liberty is illegal.
(2) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus and order a hearing pursuant to a petition filed by a prisoner, or, pursuant to section 19-4207, Idaho Code, on behalf of a prisoner when:
(a) The court has considered the factual allegations contained in the petition together with any responsive pleading filed by the respondent, and a reply filed by the prisoner, if any;
(b) The court finds that the petitioner is likely to prevail on the merits of his state or federal constitutional challenge;
(c) The court finds that the petitioner will suffer irreparable injury if some relief is not granted;
(d) The court finds that the balance of potential harm to the petitioner substantially outweighs any legitimate governmental interest; and
(e) The court finds that equity favors granting relief to the petitioner.
(3) Any order granting the writ should issue without delay and a hearing should be scheduled. The court may provide a statement of the issues to be addressed, and whether evidence will be accepted.
(4) If a court issues an order granting the writ and setting the matter for hearing, the court may set the hearing at the state, local or private correctional facility or other appropriate place.
History:
[19-4211, added 1999, ch. 376, sec. 2, p. 1031; am. 2000, ch. 271, sec. 6, p. 782.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4212 - INJUNCTIVE RELIEF AVAILABLE TO A PERSON NOT A PRISONER.

19-4212. INJUNCTIVE RELIEF AVAILABLE TO A PERSON NOT A PRISONER. If a court finds that a person not a prisoner is being illegally restrained, the court may fashion appropriate injunctive relief to cure the illegality, including release.
History:
[19-4212, added 1999, ch. 376, sec. 2, p. 1031.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4213 - RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE OF REVOCATION OF PAROLE.

19-4213. RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE OF REVOCATION OF PAROLE. (1) If a court finds that an in-state prisoner’s constitutional rights have been violated during the course of revocation of his parole, the court may, upon specific findings of fact and conclusions of law, enter an order directing that the parole revocation proceedings be reconvened. The order shall identify the constitutional violation which occurred and direct that the violation be cured.
(2) The Idaho commission of pardons and parole has the exclusive authority to order release of an in-state prisoner on parole pursuant to chapter 10, title 20, Idaho Code.
History:
[19-4213, added 1999, ch. 376, sec. 2, p. 1031; am. 2000, ch. 271, sec. 7, p. 783; am. 2021, ch. 196, sec. 24, p. 540.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4214 - RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE.

19-4214. RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE. (1) If, upon findings of fact and conclusions of law, a court finds that an in-state prisoner’s sentence has been miscalculated, the court may order the sentence to be recalculated consistent with the court’s findings and conclusions.
(2) The court may order the prisoner released under this section only if the prisoner would be entitled to release due to expiration of his sentence correctly calculated.
History:
[19-4214, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 8, p. 783.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4215 - RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS.

19-4215. RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS. (1) If the court finds that an in-state prisoner has lost good time credits without constitutionally sufficient due process, the court may order a rehearing by the correctional facility authority.
(2) Any court order requiring rehearing shall specify:
(a) How due process was constitutionally insufficient and direct that the insufficiency be cured; and
(b) Provide that the officials of the correctional facility shall have not less than thirty (30) days in which to convene the rehearing.
(3) The correctional facility authority shall have the responsibility for the recalculation and restoration of good time credits. If good time credits are restored to the petitioner as a result of the rehearing, and restoration of good time credits entitles the petitioner to release, he shall be so released.
History:
[19-4215, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 9, p. 783.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4216 - RELIEF AVAILABLE FOR DETAINERS.

19-4216. RELIEF AVAILABLE FOR DETAINERS. (1) An in-state prisoner may petition for writ of habeas corpus to challenge the legality of a detainer which has been lodged against him by another state under the interstate agreement on detainers, chapter 50, title 19, Idaho Code.
(2) The court may set a hearing on a petition for writ of habeas corpus to inquire into factual issues involving the legality of the detainer or the legality of delivery of the prisoner to the prosecuting state under the detainer. However, if the petition involves legal issues only, the court shall decide the matter without hearing consistent with section 19-4209, Idaho Code.
History:
[19-4216, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 10, p. 784.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4217 - INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTIONALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES.

19-4217. INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTIONALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES. (1) If the court finds that a prisoner’s or other institutionalized person’s constitutional rights have been violated involving conditions of confinement, the court may order injunctive relief consistent with and subject to the limitations set forth in this chapter.
(2) If the court concludes that injunctive relief is necessary to cure unconstitutional conditions of confinement, the court shall enter an order subject to the following limitations:
(a) Any order for injunctive relief shall be accompanied by specific findings of fact and conclusions of law;
(b) Injunctive relief shall be narrowly drawn and extend no further than necessary to correct the violation of the constitutional right;
(c) Injunctive relief must be the least intrusive means necessary to correct the constitutional violation;
(d) The court shall give substantial weight to any adverse impact on public safety;
(e) The court shall give substantial deference to the discretion of administrators of the institution or the state, local or private correctional facility;
(f) The administrator of the institution, or of the state, local or private correctional facility shall be given all reasonable opportunities to correct state or federal constitutional errors made in the internal operations of the institution and shall be charged with the task of devising constitutionally sound modifications to their operations.
History:
[19-4217, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 11, p. 784.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4218 - TERMINATION OF INJUNCTIVE RELIEF ORDER OR DECREE IN CONDITIONS OF CONFINEMENT CASES.

19-4218. TERMINATION OF INJUNCTIVE RELIEF ORDER OR DECREE IN CONDITIONS OF CONFINEMENT CASES. In any civil action with respect to conditions of confinement in which prospective relief is ordered or obtained pursuant to consent decree, the relief order or decree shall be terminated upon the motion of any party or intervenor:
(1) Two (2) years after the date the court granted or approved the prospective relief;
(2) One (1) year after the date the court has entered an order or decree denying termination of prospective relief under this section; or
(3) In the case of an order issued on or before the date of enactment of this act, one (1) year after such date of enactment.
History:
[19-4218, added 1999, ch. 376, sec. 2, p. 1033.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4219 - IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE RELIEF IN CONDITIONS OF CONFINEMENT CASES.

19-4219. IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE RELIEF IN CONDITIONS OF CONFINEMENT CASES. (1) In any civil action with respect to conditions of confinement, the administrator of the institution, or of the state, local or private correctional facility, or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of an express finding by the court that the relief:
(a) Is narrowly drawn;
(b) Extends no further than necessary to correct the violation of the constitutional right; and
(c) Is the least intrusive means necessary to correct the violation of the constitutional right.
(2) Prospective relief shall not terminate if the court makes written findings based on the record that the prospective relief:
(a) Remains necessary to correct a current or ongoing violation of the constitutional right;
(b) Extends no further than necessary to correct the violation of the constitutional right;
(c) Is narrowly drawn; and
(d) Is the least intrusive means to correct the violation.
(3) Nothing in this section shall prevent the administrator of the institution, or of the state, local or private correctional facility, or intervenor from seeking modification or termination before the relief is terminable under subsection (1) or (2) of this section to the extent that modification or termination would otherwise be legally permissible.
History:
[19-4219, added 1999, ch. 376, sec. 2, p. 1033; am. 2000, ch. 271, sec. 12, p. 784.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4220 - SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF CONFINEMENT CASES.

19-4220. SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF CONFINEMENT CASES. (1) In any civil action with respect to conditions of confinement, the court shall not enter or approve a settlement or consent decree unless it complies with the limitations on relief set forth in section 19-4217, Idaho Code.
(2) This section, together with sections 19-4217, 19-4218 and 19-4219, Idaho Code, applies to all settlements or consent decrees in effect at the time of passage of this act. Any settlement or consent decree entered into before enactment of this act shall not be construed as a waiver of the application of this section by any party to the settlement or consent decree, and may be terminated consistent with sections 19-4218 and 19-4219, Idaho Code.
History:
[19-4220, added 1999, ch. 376, sec. 2, p. 1034.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4221 - SUCCESSIVE CLAIMS.

19-4221. SUCCESSIVE CLAIMS. In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding if the prisoner has, on two (2) or more prior occasions, while incarcerated or detained in any state, local or private correctional facility, brought an action or appeal in a court of this state that was dismissed on any ground set forth in section 19-4209(1)(a) through (d), Idaho Code, unless:
(1) The prisoner first obtains leave from the district court having jurisdiction over the case; or
(2) The prisoner’s action or petition is submitted for filing by an attorney licensed to practice law in the state of Idaho.
History:
[19-4221, added 1999, ch. 376, sec. 2, p. 1034; am. 2000, ch. 271, sec. 13, p. 785.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4222 - PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL ILLNESS REQUIRED.

19-4222. PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL ILLNESS REQUIRED. No civil action may be brought by a prisoner confined in a state, local or private correctional facility for mental or emotional injury suffered while in custody without a prior showing of either:
(1) Physical injury; or
(2) Diagnosed severe and disabling mental illness.
History:
[19-4222, added 1999, ch. 376, sec. 2, p. 1034; am. 2000, ch. 271, sec. 14, p. 785.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4223 - RIGHT OF ACCESS TO COURT NOT EXPANDED.

19-4223. RIGHT OF ACCESS TO COURT NOT EXPANDED. Nothing in this chapter shall be construed to expand the right of access to courts for institutionalized persons under federal or state law.
History:
[19-4223, added 1999, ch. 376, sec. 2, p. 1034.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4224 - EXCLUSIVE REMEDY.

19-4224. EXCLUSIVE REMEDY. This chapter sets forth the exclusive procedures and remedies in habeas corpus actions.
History:
[19-4224, added 1999, ch. 376, sec. 2, p. 1034.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4225 - LIBERTY INTEREST NOT CREATED.

19-4225. LIBERTY INTEREST NOT CREATED. Nothing in this chapter shall be construed to create a liberty interest.
History:
[19-4225, added 1999, ch. 376, sec. 2, p. 1034.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT › Section 19-4226 - SEVERABILITY.

19-4226. SEVERABILITY. The provisions of this act are declared to be severable and if any provision of this act or the application of a provision to any person or circumstance is declared invalid for any reason, the declaration shall not affect the validity of the remaining portions of this act.
History:
[19-4226, added 1999, ch. 376, sec. 2, p. 1034.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4301 - COUNTY CORONER TO INVESTIGATE DEATHS.

19-4301. COUNTY CORONER TO INVESTIGATE DEATHS. (1) When a county coroner is informed that a person has died, the county coroner shall investigate that death if:
(a) The death occurred as a result of violence, whether apparently by homicide, suicide or by accident;
(b) The death occurred under suspicious or unknown circumstances; or
(c) The death is of a stillborn child or any child if there is a reasonable articulable suspicion to believe that the death occurred without a known medical disease to account for the stillbirth or child’s death.
(2) If a death occurs that is not attended by a physician and the cause of death cannot be certified by a physician, the coroner must refer the investigation of the death to the sheriff of the county or the chief of police of the city in which the incident causing the death occurred or, if such county or city is unknown, to the sheriff or chief of police of the county or city where the body was found. The investigation shall be the responsibility of the sheriff or chief of police. Upon completion of the investigation, a written report shall be provided to the coroner of the county in which the death occurred or, if such county is unknown, to the coroner of the county where the body was found.
(3) A coroner in the county where the incident causing the death occurred or, if such county is unknown, the coroner in the county where the body was found, may conduct an inquest if there are reasonable grounds to believe as a result of the investigation that the death occurred as provided in subsection (1) of this section.
(4) If an inquest is to be conducted, the coroner shall summon six (6) persons qualified by law to serve as jurors for the inquest.
(5) Nothing in this section shall be construed to affect the tenets of any church or religious belief.
History:
[19-4301, added 2005, ch. 80, sec. 2, p. 291.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4301A - DEATHS TO BE REPORTED TO LAW ENFORCEMENT OFFICIALS AND CORONER.

19-4301A. DEATHS TO BE REPORTED TO LAW ENFORCEMENT OFFICIALS AND CORONER. (1) Where any death occurs which would be subject to investigation by the coroner under section 19-4301(1), Idaho Code, the person who finds or has custody of the body shall promptly notify either the coroner, who shall notify the appropriate law enforcement agency, or a law enforcement officer or agency, which shall notify the coroner. Pending arrival of a law enforcement officer, the person finding or having custody of the body shall take reasonable precautions to preserve the body and body fluids and the scene of the event shall not be disturbed by anyone until authorization is given by the law enforcement officer conducting the investigation.
(2) Except as otherwise provided in subsection (3) of this section, any person who fails to notify the coroner or law enforcement pursuant to subsection (1) of this section shall be guilty of a misdemeanor and shall be punished by up to one (1) year in the county jail or by a fine not to exceed one thousand dollars ($1,000), or by both such imprisonment and fine.
(3) Any person who, with the intent to prevent discovery of the manner of death, fails to notify or delays notification to the coroner or law enforcement pursuant to subsection (1) of this section, shall be guilty of a felony and shall be punished by imprisonment in the state prison for a term not to exceed ten (10) years or by a fine not to exceed fifty thousand dollars ($50,000) or by both such fine and imprisonment.
History:
[19-4301A, as added by 1961, ch. 262, sec. 3, p. 459; am. 2006, ch. 239, sec. 1, p. 724.]