reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-209B - DUTY TO CONTROL DISTURBANCES AT STATE PENITENTIARY.

20-209B. DUTY TO CONTROL DISTURBANCES AT STATE PENITENTIARY. It shall be the primary duty of the state director of correction, or his designee, to prevent, control and suppress all riots, escapes, affrays and insurrections at the state penitentiary or other place maintained by the state board of correction which come to his knowledge, and to control and suppress all attempts to riot or escape.
The director of correction, or his designee, shall be primarily responsible for all security measures to be taken at the time of any riot, escape, affray or insurrection, or attempts to commit the same, at the state penitentiary or other place under the control of the state board of correction.
Any county sheriff, deputy sheriff or any person so acting, and all other law enforcement officers, shall be subject to the authority herein conferred upon the director of correction, or his designee, and shall be subject to his direction and control during any riots, escapes, affrays, insurrections, or attempts to commit the same, at the state penitentiary or other place maintained by the state board of correction.
Nothing in this act shall preclude the use of any county sheriff or other law enforcement officers by the director of correction during any such existing emergency. If at any such time the director of correction shall find need for the assistance of any county sheriff or other law enforcement officers, the sheriff and such other officers may respond and render assistance at the direction of the director of correction.
For purposes of this section, a facility operated by a private prison contractor and housing prisoners pursuant to a contract between the contractor and the state board of correction, as set forth in section 20-241A, Idaho Code, shall be deemed to be maintained by or under the control of the state board of correction.
History:
[20-209B, added 1973, ch. 169, sec. 1, p. 358; am. 2010, ch. 351, sec. 2, p. 915.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-209C - AUTHORITY TO DESIGNATE EMPLOYEES AS PEACE OFFICERS.

20-209C. AUTHORITY TO DESIGNATE EMPLOYEES AS PEACE OFFICERS. All employees of the state board of correction who receive peace officer certification from the Idaho peace officer standards and training council shall have the authority given by statute to peace officers of the state of Idaho in accordance with the provisions of section 19-5109, Idaho Code. The state board of correction shall have the additional authority to designate other employees to act as peace officers when engaged in transportation of prisoners or apprehension of prisoners or wards who have escaped, or apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation or parole, or when present with and at the request of a local, state or federal law enforcement officer.
History:
[(20-209C) 20-209B, as added by 1973, ch. 170, sec. 2, p. 360; redesignated as I.C. sec. 20-209C, 1979, ch. 205, sec. 1, p. 588; am. 1980, ch. 99, sec. 1, p. 219; am. 2005, ch. 131, sec. 3, p. 420; am. 2011, ch. 28, sec. 2, p. 70.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-209D - FORFEITURE OF CONTRABAND PROPERTY OR MONEY FOUND IN POSSESSION OF INMATES.

20-209D. FORFEITURE OF CONTRABAND PROPERTY OR MONEY FOUND IN POSSESSION OF INMATES. The state board of correction, or its designee, shall have the authority to confiscate contraband money found in the possession of the inmates and thereafter deposit the money in the department of correction receipts account, and to dispose of other contraband property found in possession of inmates by donation to a nonprofit organization.
History:
[20-209D, added 1979, ch. 205, sec. 2, p. 588; am. 1983, ch. 223, sec. 1, p. 619; am. 1989, ch. 213, sec. 1, p. 522.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-209E - PRISON DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS.

20-209E. PRISON DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS. (1) In any action, whether filed in state, federal or administrative court, in which a prisoner submits a frivolous or malicious claim, or knowingly testifies falsely or otherwise knowingly presents false evidence or information to the court, the prisoner may be subject to prison disciplinary action. Such disciplinary action may be initiated upon the court’s finding that:
(a) The prisoner has filed a claim that is frivolous or malicious;
(b) The prisoner filed a claim solely to harass the party;
(c) The prisoner has knowingly testified falsely or otherwise knowingly submitted false evidence or information to the court; or
(d) The prisoner has committed a fraud upon the court.
(2) In the absence of a finding by the court under subsection (1) of this section, and upon review and recommendation by the office of the attorney general, a disciplinary hearing may be held by the appropriate authority at the prison, pursuant to section 5, article X of the constitution of the state of Idaho, to determine whether the prisoner has filed a claim that is malicious or intended solely to harass the party, or has testified falsely or otherwise presented false evidence or information to the court.
(3) Upon a finding of guilt under either subsection (1) or (2) of this section, the prisoner shall be subject to prison disciplinary detention and loss of privileges consistent with established prison disciplinary procedures.
History:
[20-209E, added 1996, ch. 420, sec. 3, p. 1400.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-209H - DUTY TO ESTABLISH INMATE ACCOUNTS — PAYMENT OF RESTITUTION.

20-209H. DUTY TO ESTABLISH INMATE ACCOUNTS — PAYMENT OF RESTITUTION. The state board of correction shall establish an account in the name of each inmate confined in a correctional facility. All moneys in the inmate’s possession upon admission, all moneys earned from institutional employment and all moneys received by the inmate from any other source, other than money that is contraband, shall be deposited in the inmate’s account. If the court ordered an inmate to make restitution under section 19-5304, Idaho Code, and the restitution is still owing, then twenty percent (20%) of each deposit in the inmate’s account shall be paid to the state board of correction who shall, within five (5) days after the end of the month, pay such moneys to the clerk of the court in which the restitution order was entered for payment to the victim. The provisions of this section shall apply to any inmate confined in a correctional facility on or after the effective date of this section.
History:
[20-209H, added 2014, ch. 150, sec. 6, p. 420.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-209I - ASSIGNMENT OF INMATES TO DO CONSERVATION WORK.

20-209I. ASSIGNMENT OF INMATES TO DO CONSERVATION WORK. (1) Inmates may be assigned to do conservation work on a permanent or temporary basis. The board or its designated agent may, at such times as it deems proper and on such terms as it deems wise, enter into contracts or cooperative agreements with any public agency, state or federal, for the performance of conservation projects that are appropriate and under conditions consistent with policies established by the board.
(2) Inmates may be assigned to perform public conservation projects including, but not limited to, forest fire prevention and control, forest and watershed management, recreational area development, fish and game management, soil conservation, and forest watershed revegetation.
History:
[20-209I, added 2020, ch. 83, sec. 12, p. 220.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-211 - RECORDS, FUNDS AND PROPERTY OF SUPERSEDED AGENCIES — DELIVERY TO BOARD OF CORRECTIONS [CORRECTION].

20-211. RECORDS, FUNDS AND PROPERTY OF SUPERSEDED AGENCIES — DELIVERY TO BOARD OF CORRECTIONS [CORRECTION]. From and after the taking effect of this act, the state board of correction shall succeed to and be in possession and control of all records, accounts, books, papers, equipment, supplies, funds, and other property, real and personal, in possession of or under the control of any office, board, commission, agency, deputy or employee herein abolished or superseded. Immediately after notice of the appointment, qualification, and organization of the state board of correction, the director of correction and every other state officer or employee then having in his possession or under his control any property, real or personal, any records, and funds of whatever kind or character for the use and benefit of the penitentiary or the administration thereof, shall proceed to prepare and within ten (10) days thereafter to submit a full and complete inventory of all property and records so held to said board of correction, together with possession of said records and property as said board of correction shall direct.
History:
[20-211, added 1947, ch. 53, sec. 11, p. 59; am. 1974, ch. 6, sec. 3, p. 28.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-214 - ASSISTANTS AND OFFICERS.

20-214. ASSISTANTS AND OFFICERS. The state board of correction shall have power and authority to employ, to specify the training, and to fix the duties of such assistants, officers and other persons necessary for the proper and efficient administration of the department of correction and the property used in connection therewith, for the administration of the parole and probation system, and generally for the carrying out of the provisions of this act, subject to the provisions of chapter 53, title 67, Idaho Code.
History:
[20-214, added 1947, ch. 53, sec. 14, p. 59; am. 1974, ch. 6, sec. 4, p. 28; am. 2001, ch. 16, sec. 1, p. 20.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-217A - APPOINTMENT OF DIRECTOR — SALARY — POWERS AND DUTIES.

20-217A. APPOINTMENT OF DIRECTOR — SALARY — POWERS AND DUTIES. The board shall appoint a director of correction, referred to in this chapter as the director, of the Idaho state penitentiary whose salary shall be determined and set by the board. The director shall be the chief administrative officer for the board and business manager of the penitentiary and the properties used in connection therewith. The director shall assume all the authority, powers, functions and duties as may be delegated to him by the board.
History:
[I.C., sec. 20-217A, as added by 1967, ch. 364, sec. 2, p. 1052; am. 1969, ch. 97, sec. 6, p. 329.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-218 - ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES.

20-218. ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES. The state board of correction shall annually submit to the governor and the state budget officer a full, true, and correct report of all moneys received and expended by it for correctional services.
History:
[20-218, added 1947, ch. 53, sec. 18, p. 59; am. 1974, ch. 6, sec. 5, p. 28; am. 1980, ch. 297, sec. 3, p. 769.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-219A - IMPERSONATING A PROBATION/PAROLE OFFICER, A PRESENTENCE INVESTIGATOR OR CORRECTIONAL OFFICER — OFFICIAL BADGE AND IDENTIFICATION CARD.

20-219A. IMPERSONATING A PROBATION/PAROLE OFFICER, A PRESENTENCE INVESTIGATOR OR CORRECTIONAL OFFICER — OFFICIAL BADGE AND IDENTIFICATION CARD. (1) Any person who for himself or as an agent or representative of another in this state who shall unlawfully exercise or attempt to exercise the functions of, or hold themselves out to anyone as, a probation/parole officer, a presentence investigator or correctional officer, whether acting in his own behalf as an official of the court or correction, or as the authorized or unauthorized agent or representative of another, is punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one (1) year, or both.
(2) It is a misdemeanor for any person who is not authorized and commissioned by the director of correction, to wear, exhibit or display in public an official badge, official uniform of a correctional officer, or identification card of the department of correction of the state of Idaho, and is punishable by a fine not exceeding five thousand dollars ($5,000), or imprisonment in the county jail not exceeding one (1) year, or both.
History:
[20-219A, added 1982, ch. 104, sec. 1, p. 285.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-220 - INVESTIGATION AND EXAMINATION TO PRECEDE PROBATION OR SUSPENSION OF SENTENCE.

20-220. INVESTIGATION AND EXAMINATION TO PRECEDE PROBATION OR SUSPENSION OF SENTENCE. When a probation and parole officer is available to the court, no defendant shall be placed on probation until a written report of investigation by a parole and probation officer shall have been presented to and considered by the court, and no defendant charged with a felony or indictable offense shall be released under suspension of sentence without such investigation. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Whenever practicable, such investigation shall include a physical and mental examination of the defendant. If a defendant is committed to any institution, the probation officer shall send a report of such investigation to the institution at the time of commitment.
History:
[20-220, added 1947, ch. 53, sec. 20, p. 59.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-221 - MODIFICATION OF TERMS OR CONDITIONS OF PROBATION OR SUSPENSION OF SENTENCE — TERMINATION OF PROBATION.

20-221. MODIFICATION OF TERMS OR CONDITIONS OF PROBATION OR SUSPENSION OF SENTENCE — TERMINATION OF PROBATION. (1) By order duly entered the court may impose and may at any time modify any terms or conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the board of correction, to the prosecuting attorney and to the probationer.
(2) Any party or the board of correction may submit to the court a request to modify the terms and conditions of probation for any probationer under the board’s supervision at any time during the period of probation. A request to modify the terms and conditions of probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of the request to modify the terms and conditions of probation. Any responses to a request to modify shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to modify based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to modify. The court shall by written order rule on the request to modify within sixty (60) days of the date of submittal of the request.
(3) Any party or the board of correction may submit to the court a request to terminate the probation for any probationer under the board’s supervision at any time during the period of probation. A request to terminate probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of a request to terminate probation. Any responses to a request to terminate probation shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to terminate based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to terminate. The court shall rule on the request within sixty (60) days of the date of submittal of the request. A court order granting a request to terminate probation under this subsection shall be deemed a final discharge from the remaining period of probation.
History:
[20-221, added 1947, ch. 53, sec. 21, p. 59; am. 2014, ch. 150, sec. 10, p. 423.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-222 - FIXED PERIOD OF PROBATION OR SUSPENSION OF SENTENCE — REARREST AND REVOCATION.

20-222. FIXED PERIOD OF PROBATION OR SUSPENSION OF SENTENCE — REARREST AND REVOCATION. (1) The period of probation or suspension of sentence shall be fixed by the court and may at any time be extended or terminated by the court. Such period with any extension thereof shall not exceed the maximum period for which the defendant might have been imprisoned.
(2) At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Thereupon the court, after summary hearing may revoke the probation and suspension of sentence and cause the sentence imposed to be executed, or may cause the defendant to be brought before it and may continue or revoke the probation, or may impose any sentence which originally might have been imposed at the time of conviction. In making a determination to continue or revoke probation and suspension of sentence, the court shall consider the defendant’s risks and needs and options for treatment in the community.
History:
[20-222, added 1947, ch. 53, sec. 22, p. 59; am. 1986, ch. 311, sec. 1, p. 762; am. 2014, ch. 150, sec. 11, p. 424.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-223 - PAROLE — LEGISLATIVE INTENT — REQUIRED REPORT.

20-223. PAROLE — LEGISLATIVE INTENT — REQUIRED REPORT. (1) It is the intent of the legislature to focus prison space on those who commit the most serious offenses or who have the highest likelihood of offending in the future.
(2) The department of correction and board shall assist the commission where required by law and, consistent with subsection (1) of this section, in carrying out the provisions of chapter 10, title 20, Idaho Code.
(3) The department of correction shall promulgate rules in consultation with the commission to prepare prisoners for parole. The department of correction shall create sufficient programming opportunities, such that lack of access to programming is not the primary cause in delaying parole eligibility. The department shall promulgate rules to include case plan development upon entry into prison and a current risk assessment before all parole hearings.
(4) By February 1 of each year, the department of correction and the commission shall submit a report to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee that describes the most common reasons for delay or denial of release, including statistical data supporting the conclusions of the report.
History:
[20-223, added 1980, ch. 297, sec. 6, p. 770; am. 1985, ch. 122, sec. 6, p. 302; am. 1986, ch. 232, sec. 5, p. 640; am. 1989, ch. 369, sec. 1, p. 926; am. 1993, ch. 106, sec. 1, p. 271; am. 1998, ch. 327, sec. 1, p. 1055; am. 1999, ch. 326, sec. 1, p. 834; am. 2000, ch. 368, sec. 3, p. 1221; am. 2006, ch. 251, sec. 1, p. 760; am. 2013, ch. 241, sec. 1, p. 569; am. 2014, ch. 150, sec. 12, p. 424; am. 2017, ch. 182, sec. 4, p. 418; am. 2021, ch. 196, sec. 6, p. 528.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-224 - INFORMATION REGARDING PRISONERS TO BE SECURED.

20-224. INFORMATION REGARDING PRISONERS TO BE SECURED. (1) Within six (6) months after his admission and at such intervals thereafter as it may determine, the board shall secure all pertinent available information regarding each prisoner, including the circumstances of his offense, his previous social history and criminal record, his conduct, employment and attitude in prison, and reports of such physical and mental examinations as have been made to assist the board in prescribing treatment for such person while in confinement and to assist the commission in its deliberations. The board and the commission shall attempt to inform themselves as to such inmate as a personality and may seek from the sentencing judge, prosecuting attorney, defense counsel and law enforcement authorities such information of which they may be possessed relative to the convicted person and the crime for which he was committed. An electronic recording or transcript of the comments and arguments required to be recorded by section 19-2515, Idaho Code, shall be submitted to the board, made available to the commission, and shall be considered by the commission in making a parole or commutation decision with respect to the prisoner.
(2) The board of correction shall use a validated risk assessment to determine, for each prisoner, the risk of reoffense and suitability for release. For purposes of this subsection, "validated risk assessment" means an actuarial tool that has been validated in Idaho to determine the likelihood of the prisoner engaging in future criminal behavior. The board shall select a research-based risk assessment and shall validate the accuracy of the risk assessment at least every five (5) years in consultation with the commission. Assessments shall be performed by department staff who are trained and certified in the use of the risk assessment. The commission shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, to ensure that risk assessment is used in determining parole, the benefit of holding a prisoner in prison to complete programming versus releasing the prisoner on parole to complete programming in the community and in setting conditions for parole supervision.
History:
[20-224, added 1947, ch. 53, sec. 24, p. 59; am. 1980, ch. 297, sec. 7, p. 771; am. 1984, ch. 230, sec. 2, p. 551; am. 2014, ch. 150, sec. 13, p. 426.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-225 - PAYMENT FOR COST OF SUPERVISION.

20-225. PAYMENT FOR COST OF SUPERVISION. Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($75.00) per month as determined by the board of correction. Costs of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist:
(1) The offender has diligently attempted but been unable to obtain employment.
(2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.
Money collected as a fee for services will be placed in the probation and parole receipts revenue fund, which is hereby created in the dedicated fund in the state treasury, and utilized to provide supervision for clients. Moneys in the probation and parole receipts revenue fund may be expended only after appropriation by the legislature. This section shall not restrict the court from ordering the payment of other costs and fees that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole.
History:
[20-225, added 1984, ch. 187, sec. 1, p. 437; am. 2003, ch. 130, sec. 1, p. 383; am. 2005, ch. 68, sec. 1, p. 233; am. 2010, ch. 235, sec. 8, p. 548; am. 2011, ch. 73, sec. 1, p. 155; am. 2012, ch. 109, sec. 3, p. 299.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-225A - PAYMENT FOR INTERSTATE COMPACT APPLICATION.

20-225A. PAYMENT FOR INTERSTATE COMPACT APPLICATION. (1) Any person under state probation or parole supervision who applies for a transfer of supervision to another state shall be required to post an application fee not to exceed one hundred dollars ($100).
(2) Money collected as a fee for services and compact administration shall be placed in the probation and parole receipts account, which is hereby created in the dedicated fund in the state treasury, and shall be utilized to provide supervision for offenders. Moneys in the probation and parole receipts account may be expended only after appropriation by the legislature.
History:
[20-225A, added 2003, ch. 25, sec. 1, p. 95.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-226 - RECORDS OF PRISONERS.

20-226. RECORDS OF PRISONERS. The state board of correction shall cause a complete record to be kept of every prisoner committed to its custody. Such record shall be organized in accordance with the most modern method of filing and indexing so that there will always be immediately available a complete history on each prisoner. Such records shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
History:
[20-226, added 1947, ch. 53, sec. 26, p. 59; am. 1970, ch. 143, sec. 9, p. 425; am. 1990, ch. 213, sec. 15, p. 500; am. 2015, ch. 141, sec. 23, p. 404.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-228A - PAROLE SUBPOENA TO ASSIST IN APPREHENDING PAROLE ABSCONDERS.

20-228A. PAROLE SUBPOENA TO ASSIST IN APPREHENDING PAROLE ABSCONDERS. For the purpose of assisting with apprehending individuals on parole who have absconded and for whom the parole commission has issued a warrant of arrest, the director of the department of correction shall have power to issue a subpoena duces tecum to compel the production of writings, documents or records of any type or form, specifically including those stored or transmitted by any electronic or wireless means. If any person or entity to whom such subpoena is directed refuses to produce the documents, writings or records sought, as directed, within seven (7) days of receipt of the subpoena, the director may apply to the district court of the county where the records are located for an order compelling such person or entity to comply with the subpoena. Failure to obey such order may be punished by the court as a contempt thereof.
History:
[20-228A, added 2004, ch. 296, sec. 1, p. 826.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-230 - APPLICATION TO CONVICTIONS PRIOR TO ACT

20-230. APPLICATION TO CONVICTIONS PRIOR TO ACT . Provisions of this act so far as applicable thereto are to apply to all convicted persons now serving time in the state penitentiary to the end that at all times the same provisions relating to sentences, imprisonment, and paroles of prisoners shall apply to the inmate thereof.
History:
[20-230, added 1947, ch. 53, sec. 30, p. 59; am. 1980, ch. 297, sec. 13, p. 773.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-235 - CERTIFICATION AND WARRANTS FOR EXPENSES.

20-235. CERTIFICATION AND WARRANTS FOR EXPENSES. The chairman of the state board of correction, or his designee, is hereby authorized to certify all sums to be expended by said board in carrying out the purpose of this act to the state board of examiners, and the state board of examiners, upon the approval of said sums, shall cause the state controller to draw warrants for the amount of the same.
History:
[20-235, added 1947, ch. 53, sec. 35, p. 59; am. 1974, ch. 6, sec. 7, p. 28; am. 1994, ch. 180, sec. 12, p. 429.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-236 - MEMBERS OR EMPLOYEES OF BOARD NOT TO BE INTERESTED IN CONTRACTS — PENALTY FOR VIOLATION.

20-236. MEMBERS OR EMPLOYEES OF BOARD NOT TO BE INTERESTED IN CONTRACTS — PENALTY FOR VIOLATION. No member or employee of the state board of correction shall be interested directly or indirectly in any manner in contracts for furnishing the penitentiary or any property used in connection therewith or inmates thereof, any supplies, materials, equipment, or for the use of said institution. Nor shall any officer or employee be permitted to receive in any way perquisites for themselves or family, or any compensation or reward from any contractor or employee or other person. Should any officer or employee violate, or wilfully or negligently fail to observe the provisions and prohibitions of this section, he shall be at once dismissed from office by the state board of correction; and further, upon conviction of such violation by a court of competent jurisdiction, he shall be fined a sum not exceeding $1,000.00 and not less than one month’s pay, and shall forfeit his interest in any and all contracts or rewards he may have received or agreed to receive in violation of the provisions of this section.
History:
[20-236, added 1947, ch. 53, sec. 36, p. 59.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-237 - TRANSMISSION OF CONVICTED PERSONS TO PENITENTIARY OR CUSTODY OF BOARD — NOTICE OF CONVICTION TO DIRECTOR — TRANSPORTED BY GUARDS — TIME FOR NOTICE.

20-237. TRANSMISSION OF CONVICTED PERSONS TO PENITENTIARY OR CUSTODY OF BOARD — NOTICE OF CONVICTION TO DIRECTOR — TRANSPORTED BY GUARDS — TIME FOR NOTICE. When any person is convicted in any court of the state and sentenced to imprisonment and committed to the custody of the state board of correction, or sentenced to suffer the death penalty, the sheriff of the county in which such conviction shall have been had shall immediately, upon passing of sentence, notify the director that a person is in his custody. Such notice shall be transmitted by either telegraph or telephone, followed by a written confirmation by certified mail. As soon as possible upon receipt of such notice, the director shall dispatch one or more correctional officers, as may be necessary, from the department to the place where the convicted person is detained, to secure and convey said convicted person to any department of correction facility, or other facility within the state designated by the state board of correction. The convicted person, a certified copy of the judgment, a copy of the presentence investigation report, if any, a copy of any disciplinary reports filed against the convicted person while in the sheriff’s custody and all of the additional documents and allowable personal property, including medications as set forth in section 20-243, Idaho Code, shall be delivered into the custody of the director or his representative at the time of or prior to the delivery of the convicted person to the department. If all such records, documents, and property are not delivered at that time, the director or his representative may refuse to accept or transport the convicted person to a department facility.
History:
[20-237, added 1947, ch. 53, sec. 37, p. 59; am. 1967, ch. 364, sec. 3, p. 1052; am. 1969, ch. 419, sec. 7, p. 1160; am. 1970, ch. 143, sec. 11, p. 425; am. 1991, ch. 116, sec. 1, p. 245.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-237A - FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT.

20-237A. FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT. (1) The board of correction shall pay each county for housing prisoners convicted, sentenced and committed to the custody of the state board of correction, including probationers and parolees committed to a county jail under section 20-219(7)(b), Idaho Code, beginning on the day after receipt by the director of notice that a person is in custody, as provided in section 20-237, Idaho Code.
(2) The state board of correction shall pay counties housing state-sentenced prisoners a minimum rate of fifty-five dollars ($55.00) per day per inmate for the first seven (7) days of custody and seventy-five dollars ($75.00) per day per inmate thereafter. Nothing stated herein will prohibit the state board of correction from entering into a contract with a county pursuant to section 20-241, Idaho Code.
(3) In addition to payment of per diem costs as provided in this section, the state board of correction shall pay for all ordinary and necessary medical and dental expenses of state prisoners housed in county jails.
(4) As between themselves, the state board of correction and each of the counties will be responsible for their pro rata share of any property damages or personal injuries arising from the housing of state-sentenced prisoners, which is attributable to their respective negligence or otherwise wrongful conduct. This provision shall not alter or affect any immunities or exceptions to governmental liability the state or counties may possess as to private persons pursuant to the Idaho tort claims act, chapter 9, title 6, Idaho Code.
(5) The legislature shall appropriate sufficient funds annually to the department of correction to make all payments to counties as required in this section.
(6) The county sheriffs shall bill the department of correction at least every sixty (60) days. The department of correction shall pay such bills within sixty (60) days of their receipt.
(7) The germane committees of the legislature shall review the costs of housing inmates in county jails every three (3) years beginning in 2004.
History:
[20-237A, added 1992, ch. 80, sec. 1, p. 221; am. 2000, ch. 135, sec. 1, p. 354; am. 2014, ch. 239, sec. 1, p. 603; am. 2015, ch. 103, sec. 1, p. 246; am. 2018, ch. 122, sec. 1, p. 259.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-238 - CLOTHING AND TRANSPORTATION TO BE FURNISHED PRISONERS UPON PAROLE OR FINAL DISCHARGE.

20-238. CLOTHING AND TRANSPORTATION TO BE FURNISHED PRISONERS UPON PAROLE OR FINAL DISCHARGE. Upon the release of any convicted person upon parole the state board of correction shall provide him or her with necessary wearing apparel and may also provide him or her with a bus or railroad transportation ticket to the place designated for parole, together with sufficient cash to procure meals in transit. Upon final discharge from the penitentiary, the board shall provide the convicted person with similar clothing and may furnish transportation and cash for meals to his home, or to the place from which the convicted person was committed to the penitentiary.
History:
[20-238, added 1947, ch. 53, sec. 38, p. 59.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-239 - DISCHARGE UPON SERVICE OF MAXIMUM TERM.

20-239. DISCHARGE UPON SERVICE OF MAXIMUM TERM. Any convicted person undergoing sentence in the penitentiary not sooner released under the provisions of this chapter, shall in accordance with the provisions of existing law, be discharged from custody upon serving a maximum sentence provided by law for the offense of which such person was convicted, or the maximum term fixed by the court where the law does not provide for a maximum term. Provided however, if the date of discharge from custody falls on a Saturday, Sunday or legal holiday, then the person may be discharged from custody on the last weekday immediately preceding such Saturday, Sunday or legal holiday.
History:
[20-239, added 1947, ch. 53, sec. 39, p. 59; am. 2007, ch. 32, sec. 1, p. 74.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-239A - RELEASE UPON GRANT OF PAROLE.

20-239A. RELEASE UPON GRANT OF PAROLE. Any convicted person undergoing sentence in the penitentiary who has a parole eligibility date which falls on a Saturday, Sunday or legal holiday may be granted a parole release date by the Idaho commission for pardons and parole which falls on the last weekday immediately preceding such Saturday, Sunday or legal holiday.
History:
[20-239A, added 2008, ch. 42, sec. 1, p. 99.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-241 - ACCEPTANCE OF FEDERAL OR OTHER FUNDS OR PROPERTY.

20-241. ACCEPTANCE OF FEDERAL OR OTHER FUNDS OR PROPERTY. The state board of correction, with the written consent of the governor, shall have the power and it shall be its duty:
1. To accept from the United States of America or any of its agencies, such funds, equipment, and supplies as may be made available to this state for any of the purposes contemplated by law, and to enter into such contract and agreements with the United States or any of its agencies, or other states, as may be necessary, proper and convenient, not contrary to the laws of the state.
2. To enter into an agreement with the board of county commissioners of any county, or with the governing officials of any municipality of this state for the payment by said county or municipality of all or any part of the cost of performance by the state board of correction of any parole or probation services or the supervision of any parole or probation case arising within the said county or municipality, as the case may be, or the maintenance therein of work camps as authorized by law.
3. To accept any grant or donation of land or any gift of money or valuable thing made to the state for any of the purposes contemplated by law.
History:
[20-241, added 1947, ch. 53, sec. 41, p. 59; am. 1970, ch. 143, sec. 12, p. 425; am. 1997, ch. 223, sec. 2, p. 656.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-242 - FURLOUGH.

20-242. FURLOUGH. 1. When a person is committed to the custody of the state board of correction, the board may, upon conditions which it may impose, direct that the person be permitted to continue in his regular employment, work project, or educational program, if that is compatible with the requirements of subsection 3 of this section, or may authorize the person to secure employment for himself.
2. If the board directs that the prisoner be permitted to continue in his regular employment or education, the board shall arrange for a continuation of the employment or education so far as possible without interruption. If the prisoner does not have regular employment, and the board has authorized the prisoner to secure employment for himself, the prisoner may do so, and the board may assist him in doing so.
3. Whenever the prisoner is not employed and between the hours or periods of employment, work project, or schooling, he shall be domiciled in a jail, facility, or residence as directed by the board of correction.
4. The earnings of the prisoner shall be retained by the prisoner under such terms and conditions as the board may impose. From such earnings the board may require that:
a. the prisoner pay an amount to the board of correction sufficient for the prisoner’s board and personal expenses, both inside and outside the jail, facility, or residence, including costs of administering such prisoner’s work furlough program;
b. the prisoner provide for the reasonable and adequate support and maintenance of the prisoner’s dependents;
c. the prisoner pay preexisting debts;
d. the prisoner deposit earnings in a financial institution.
5. If the prisoner violates the conditions established for his conduct, custody or employment, the board may order the balance of the prisoner’s sentence to be spent in actual confinement.
6. The wilful failure of a prisoner to return to the place of confinement not later than the expiration of any period during which he is authorized to be away from the place of confinement under this section is an escape from the place of confinement and is punishable as provided by section 18-2505, Idaho Code.
7. A furlough may be revoked by the board at any time without notice or hearing.
History:
[20-242, added 1947, ch. 53, sec. 42, p. 59; am. 1970, ch. 143, sec. 13, p. 425; am. 1979, ch. 215, sec. 1, p. 599; am. 1984, ch. 58, sec. 1, p. 106.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-242A - INMATE INCENTIVE PAY.

20-242A. INMATE INCENTIVE PAY. The board of correction is hereby authorized to institute an incentive pay program for those inmates performing work at the direction of the board of correction in jobs not associated with correctional industry employment.
Such compensation, if any, shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance.
Nothing in this section is intended to restore, in whole or in part, the civil rights of any inmate. No inmate compensated under this section shall be considered an employee of the state or the board of correction, nor shall any inmate be eligible for worker’s compensation under title 72, Idaho Code, or be entitled to any benefits thereunder whether on behalf of himself or any other person.
History:
[20-242A, added 1970, ch. 16, sec. 1, p. 31; am. 1972, ch. 234, sec. 1, p. 615; am. 2015, ch. 111, sec. 1, p. 279.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-243 - DELIVERY OF CONVICTED PERSON TO PENITENTIARY OR BOARD — COPY OF COMMITMENT — RECEIPT FOR DELIVERY OF PRISONER.

20-243. DELIVERY OF CONVICTED PERSON TO PENITENTIARY OR BOARD — COPY OF COMMITMENT — RECEIPT FOR DELIVERY OF PRISONER. When any convicted person is delivered to the penitentiary or to the custody of the board of correction, the officer having the prisoner in charge shall deliver to the state board of correction or such official, as the board may designate:
(1) A certified copy of the commitment received by such officer from the clerk of the court where the convicted person was tried, and such certified copy of the commitment shall be evidence of the fact therein contained;
(2) A copy or summary of such medical records of the prisoner as may have been prepared or received by the agency or institution from whose custody the prisoner is being delivered, including at least a written report of any suicide attempts, abnormal behavior, seizures or other significant facts affecting the prisoner’s medical condition which were observed during his confinement prior to the delivery;
(3) All unused portions of medications prescribed to the prisoner while in custody and any legitimate prescription medication in the prisoner’s possession when taken into custody;
and shall take from such official a certificate of the delivery of such convicted person.
History:
[20-243, added 1947, ch. 53, sec. 43, p. 59; am. 1970, ch. 143, sec. 14, p. 425; am. 1982, ch. 98, sec. 1, p. 277.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-244 - GOVERNMENT AND DISCIPLINE OF THE CORRECTIONAL FACILITY — RULES AND REGULATIONS.

20-244. GOVERNMENT AND DISCIPLINE OF THE CORRECTIONAL FACILITY — RULES AND REGULATIONS. The state board of correction shall make and adopt such rules and regulations for the government and discipline of the correctional facility as they may consider expedient, and from time to time, change and amend the same as circumstances may require. A printed copy of the rules and regulations shall be furnished to every officer and guard at the time he is appointed, and so much thereof as relates to the duties and obligations of the convicted persons shall be given to the convicted person upon reception at the state’s correctional institutions.
History:
[20-244, added 1947, ch. 53, sec. 44, p. 59; am. 1984, ch. 178, sec. 1, p. 425.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-245 - OFFENDER LABOR ON STATE AND COMMUNITY SERVICE PROJECTS.

20-245. OFFENDER LABOR ON STATE AND COMMUNITY SERVICE PROJECTS. (1) Offender labor on state projects. The state board of correction shall have the authority to use, under such rules as they may prescribe, the labor of offenders either within or without the walls of the penitentiary and on all public works done under the direct control of the state; that offender labor under control of the state board of correction shall manufacture and repair state highway signs, except for highways and projects where federal regulations would prohibit the use of signs so manufactured; provided, that so far as practicable any manufacture conducted within the walls shall be in connection with metal motor license plates, road or street signs furnished by the state or used by its municipalities, wearing apparel, articles and containers, for state use in the various departments or institutions of the state not for sale upon the open market. When any product produced by the offender shall be used by any department or other institution of the state, the current appropriation shall receive from such department or institution such reimbursement therefor as may be fixed by the state board of correction with the approval of the state board of examiners.
(2) Offender labor on community service projects. The state board of correction shall have the authority to assign parolees under department of correction supervision, probationers under court order or department of correction supervision and offender residents of community work centers under the direction or order of the board of correction, as community service workers as set forth in section 72-102(5), Idaho Code. The state board of correction shall have the authority to charge offenders performing community service work an hourly fee in an amount to be determined by the state insurance fund, to be remitted to the state insurance fund for purposes of providing worker’s compensation insurance for parolees, probationers or community work center residents assigned as community service workers.
History:
[20-245, added 1947, ch. 53, sec. 45, p. 59; am. 1957, ch. 207, sec. 1, p. 434; am. 2004, ch. 149, sec. 2, p. 483; am. 2006, ch. 206, sec. 3, p. 633; am. 2021, ch. 82, sec. 3, p. 271.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-246 - PENITENTIARY — POWERS OF BOARD OF CORRECTION.

20-246. PENITENTIARY — POWERS OF BOARD OF CORRECTION. All transactions and dealings of the state penitentiary and its properties shall be conducted in the name of the board of correction. The board shall be capable in law of suing in all courts and places in all matters concerning the said penitentiary and is hereby authorized to sue for and recover all sums of money or property due from any person to the people of the state on account of said penitentiary.
History:
[20-246, added 1949, ch. 67, sec. 1, p. 113; am. 1969, ch. 419, sec. 9, p. 1160.]