reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-602 - SEPARATE ROOMS REQUIRED.

20-602. SEPARATE ROOMS REQUIRED. (1) Each county jail shall house male and female prisoners separately.
(2) Each county jail shall house separately all juveniles processed as adults under Idaho Code.
(3) Each county jail shall develop an objective inmate classification system which addresses the safety of all prisoners and the security of the facility. The classification system shall be documented through the Idaho sheriffs’ association jail inspection program using the minimum standards for detention facilities.
History:
[(20-602) 1863, p. 475, secs. 19, 20; R.S., R.C., & C.L., sec. 8526; C.S., sec. 9416; I.C.A., sec. 20-602; am. 1993, ch. 213, sec. 1, p. 579.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-603 - AUTHORITY TO DESIGNATE DETENTION OFFICERS TO ACT AS PEACE OFFICERS.

20-603. AUTHORITY TO DESIGNATE DETENTION OFFICERS TO ACT AS PEACE OFFICERS. All detention officers employed by the county sheriff 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. The county sheriff shall have the authority to designate detention officers to act as peace officers when engaged in:
(1) Transportation of prisoners or apprehension and arrest of prisoners who have escaped; or
(2) Apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation; or
(3) Arrest of a person pursuant to court order or arrest warrant; or
(4) Arrest of a person without a warrant in cases where there is probable cause to believe the person has committed a crime within the confines of a county jail.
History:
[20-603, added 2000, ch. 145, sec. 1, p. 374; am. 2013, ch. 146, sec. 1, p. 342.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-604 - CONFINEMENT — ORDER OF THE COURT.

20-604. CONFINEMENT — ORDER OF THE COURT. Any district judge or magistrate may order a person confined or detained, upon any grounds provided by law, in any county or municipal jail or other confinement facility within the judicial district in which the court is located. Such order may thereafter be amended to transfer such person from such jail or facility to another at any place within the judicial district. If the county in which the court is located has made an agreement with another governmental unit or agency located outside the judicial district for the confinement or detention of persons, then any district judge or magistrate acting in that county may also order a person confined or detained outside of the judicial district in the confinement facility or jail described in such agreement. All persons, officers and officials in charge of a jail or confinement facility shall accept a person for detention or confinement upon receiving a certified copy of an order made pursuant to this section.
History:
[I.C., sec. 20-604, as added by 1973, ch. 2, sec. 2, p. 4.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-605 - COSTS OF CONFINEMENT.

20-605. COSTS OF CONFINEMENT. (1) For purposes of this section, "reimbursement rate" means ninety-five percent (95%) of the unadjusted medicaid rate of reimbursement for medical charges allowed pursuant to title XIX of the social security act, as amended, that is in effect at the time the service is rendered.
(2) The county wherein any court has entered an order pursuant to section 20-604, Idaho Code, shall pay all direct and indirect costs of the detention or confinement of the person to the governmental unit or agency owning or operating the jail or confinement facilities in which the person was confined or detained. The amount of such direct and indirect costs shall be determined on a per day per person basis by agreement between the county wherein the court entered the order and the county or governmental unit or agency owning or operating such jail or confinement facilities. In the absence of such agreement or order fixing the cost as provided in section 20-606, Idaho Code, the charge for each person confined or detained shall be the sum of thirty-five dollars ($35.00) per day, plus the cost of any medical or dental services paid at the reimbursement rate, unless a rate of reimbursement is otherwise established by contract or agreement; provided, however, that the county may determine whether the detained or confined person is eligible for any local, state, federal or private program that covers dental, medical and/or burial expenses. That person will be required to apply for those benefits, and any such benefits obtained may be applied to the detained or confined person’s incurred expenses, and in the event of the death of such detained or confined person, the county wherein the court entered the order shall pay all actual burial costs. Release from an order pursuant to section 20-604, Idaho Code, for the purpose of a person receiving medical treatment shall not relieve the county of its obligation of paying the medical care expenses imposed in this section. In case a person confined or detained was initially arrested by a city police officer for violation of the motor vehicle laws of this state or for violation of a city ordinance, the cost of such confinement or detention shall be a charge against such city by the county wherein the order of confinement was entered. All payments under this section shall be acted upon for each calendar month by the second Monday of the month following the date of billing.
History:
[20-605, added 1973, ch. 2, sec. 3, p. 4; am. 1983, ch. 13, sec. 1, p. 48; am. 1986, ch. 115, sec. 1, p. 307; am. 1992, ch. 138, sec. 1, p. 428; am. 1994, ch. 362, sec. 1, p. 1136; am. 2009, ch. 177, sec. 1, p. 558; am. 2011, ch. 291, sec. 1, p. 794; am. 2023, ch. 32, sec. 1, p. 161.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-606 - DETERMINING CONFINEMENT COSTS — DECREE.

20-606. DETERMINING CONFINEMENT COSTS — DECREE. If a district judge or magistrate orders the confinement or detention of any person under the preceding section 20-604, Idaho Code, in a jail or confinement facility in which there is no agreement as to the daily costs of confinement or detention, then any governmental unit or agency involved may apply by petition to the district court of the county in which such jail or confinement facility is located to determine the direct and indirect costs of confinement per person per day at the jail or facility. Such petition shall be filed with the district court and a copy thereof served upon the board of county commissioners or clerk thereof of the county or counties to be affected thereby, which county or counties shall be denominated as the respondent. Such respondent shall thereafter be allowed twenty (20) days to appear and plead to said petition. The determination of such costs shall be made by a district judge sitting without a jury in the same manner as other civil actions under all rules of procedure for district courts of the state of Idaho. Upon the final determination of the petition by trial or otherwise, the district court shall enter a decree binding upon all parties thereto for all persons then confined from said county or counties joined in the petition, stating the dollar amount of the confinement or detention costs per person per day which shall be paid by any such county confining or detaining persons in the jail or facility pursuant to a court order made under section 20-604, Idaho Code. Such decree shall have the force and effect of a final judgment, but the district court shall have continuing jurisdiction to vacate or modify such decree upon a material change of circumstances affecting such costs.
History:
[I.C., sec. 20-606, as added by 1973, ch. 2, sec. 4, p. 4; am. 1989, ch. 231, sec. 1, p. 560.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-610 - SERVICE OF PAPERS ON SHERIFF FOR PRISONER.

20-610. SERVICE OF PAPERS ON SHERIFF FOR PRISONER. A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner with a note thereon of the time of its service. For a neglect to do so he is liable to the prisoner for all damages occasioned thereby.
History:
[(20-610) 1863, p. 475, sec. 28; R.S., R.C., & C.L., sec. 8537; C.S., sec. 9427; I.C.A., sec. 20-613.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-611 - TEMPORARY GUARDS.

20-611. TEMPORARY GUARDS. A county sheriff may hire a temporary guard or private security service to assist in the protection of the county jail, to transport inmates from one location to another, or to safely keep prisoners at a location such as a hospital, hospice care, or long-term care facility when required. The provisions of this section shall not confer onto any such hired person the powers of a peace officer or county detention officer.
History:
[20-611, added 2022, ch. 281, sec. 1, p. 893.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-612 - RECEPTION AND BOARD OF PRISONERS.

20-612. RECEPTION AND BOARD OF PRISONERS. The sheriff must receive all persons committed to jail by competent authority except mentally ill persons not charged with a crime and juveniles. It shall be the duty of the board of county commissioners to furnish all persons committed to the county jail with necessary food, clothing, bedding, and medical care, and the board of county commissioners is authorized to pay therefor out of the county treasury under such rules and regulations as they may prescribe. The county’s obligation herein shall not apply when the person is no longer committed to the county jail if the person has been released pursuant to a dismissal, bail, or any other court order of release, unless the release is a temporary release from the jail solely for the purpose of receiving medical care for an injury that occurred while committed in the county jail. Nothing in this chapter precludes a released person from access to coverage under chapter 35, title 31, Idaho Code.
History:
[(20-612) 1863, p. 475, sec. 30; R.S., R.C., & C.L., sec. 8539; C.S., sec. 9429; I.C.A., sec. 20-615; am. 1949, ch. 150, sec. 1, p. 306; am. 1992, ch. 138, sec. 2, p. 428; am. 1994, ch. 362, sec. 2, p. 1136; am. 2019, ch. 255, sec. 1, p. 763.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-613 - SECURITY FOR BOARD OF CIVIL PRISONERS.

20-613. SECURITY FOR BOARD OF CIVIL PRISONERS. Whenever a person is committed upon process in a civil action or proceeding, except when the people of this state are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs or orders of court.
History:
[(20-613) 1863, p. 475, sec. 31; R.S., R.C., & C.L., sec. 8540; C.S., sec. 9430; I.C.A., sec. 20-616.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-614 - PRISONERS MUST BE ACTUALLY CONFINED EXCEPT ON ORDER OF COURT FOR PRIVATE EMPLOYMENT.

20-614. PRISONERS MUST BE ACTUALLY CONFINED EXCEPT ON ORDER OF COURT FOR PRIVATE EMPLOYMENT. (1) A prisoner committed to the county jail by any court for trial or examination, or upon conviction for a public offense, must be confined in the jail until he is legally discharged unless the court specifies otherwise.
(2) If the committed person has been regularly employed, the sheriff shall, if ordered by the committing judge, arrange for a continuation of said employment insofar as possible without interruption.
(3) Whenever the prisoner is not employed, and between the hours or periods of his employment, he shall be confined in jail as an ordinary prisoner.
(4) In case of any violation of the conditions laid down for his conduct, custody and employment the prisoner shall be returned to the court, and the court may then require the balance of his or her sentence be spent in actual confinement and may cancel any earned diminution of his or her term.
(5) The sheriff shall receive such extra compensation and mileage for the administration of this act as the county commissioners determine.
(6) The court may also by its order authorize the use of a jail in a contiguous or other county where the prisoner is employed, and while the prisoner is so employed under this act such prisoner shall be in the other county’s custody.
(7) The defendant may be incarcerated on nonemployment days only. If such confinement is approved, the court shall provide that the county jail shall be reimbursed the costs of confinement, in the amount provided in section 20-605, Idaho Code, by the defendant.
History:
[(20-614) 1863, p. 475, sec. 32; R.S., R.C., & C.L., sec. 8528; C.S., sec. 9418; I.C.A., sec. 20-604; am. 1957, ch. 237, sec. 1, p. 567; am. 1977, ch. 11, sec. 1, p. 22; am. 1987, ch. 182, sec. 1, p. 361; am. 1989, ch. 104, sec. 1, p. 237; am. 1989, ch. 231, sec. 2, p. 560; am. 1993, ch. 213, sec. 3, p. 579; am. 1994, ch. 28, sec. 1, p. 46; am. 2000, ch. 115, sec. 1, p. 254.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-615 - RECEPTION OF FEDERAL PRISONERS.

20-615. RECEPTION OF FEDERAL PRISONERS. The sheriff must receive and keep in the county jail any prisoner committed thereto by process or order issued under the authority of the United States, until he is discharged according to law, as if he had been committed under process issued under the authority of this state; provision being made by the United States for the support of such prisoner.
History:
[(20-615) 1863, p. 475, sec. 31; R.S., R.C., & C.L., sec. 8529; C.S., sec. 9419; I.C.A., sec. 20-605.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-616 - SHERIFF ANSWERABLE FOR FEDERAL PRISONERS.

20-616. SHERIFF ANSWERABLE FOR FEDERAL PRISONERS. A sheriff to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe-keeping in the courts of the United States, according to the laws thereof.
History:
[(20-616) 1863, p. 475, sec. 42; R.S., R.C., & C.L., sec. 8530; C.S., sec. 9420; I.C.A., sec. 20-606.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-617 - LABOR OF PRISONERS ON PUBLIC WORKS.

20-617. LABOR OF PRISONERS ON PUBLIC WORKS. Persons confined in the county jail under a judgment of conviction, suspended sentence or withheld judgment rendered in any criminal case, either under a judgment of imprisonment or a judgment for the payment of a fine and costs, or persons participating in a diversion program pursuant to section 19-3509, Idaho Code, may be required to perform labor on federal, state or other governmental projects or community service projects.
History:
[(20-617) 1868, p. 90, sec. 1; R.S. & R.C., sec. 8541; am. 1915, ch. 141, p. 298, sec. 1; reen. C.L., sec. 8541; C.S., sec. 9431; am. 1927, ch. 74, sec. 1, p. 93; I.C.A., sec. 20-617; am. 2000, ch. 112, sec. 1, p. 249; am. 2016, ch. 212, sec. 1, p. 597; am. 2019, ch. 305, sec. 10, p. 915.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-618 - JAIL COMMISSARY FUND.

20-618. JAIL COMMISSARY FUND. County jails which provide commissary items to inmates, and collect the costs or a portion of the costs for such items from an inmate with sufficient funds to pay for items, are authorized to create a self-perpetuating commissary fund. The purpose of the commissary fund is to both supply and provide a fund from which reimbursement can be made to the county for an inmate’s use or purchases of necessary hygiene items, recreational devices and other inmate care items, medical items and services, and any other debts incurred pursuant to this chapter. This fund shall be subject to a yearly audit authorized by the board of county commissioners.
History:
[20-618, added 1994, ch. 29, sec. 1, p. 47; am. 1996, ch. 14, sec. 1, p. 34; am. 2005, ch. 181, sec. 1, p. 555.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-619 - FEE FOR MEDICAL SERVICE.

20-619. FEE FOR MEDICAL SERVICE. (1) County sheriff departments administering county jails may charge a nominal fee of twenty dollars ($20.00) to any nonindigent inmate who has sufficient funds in his commissary or personal account for the purpose of seeing the jail provided doctor or nurse for a medical complaint. In the event that an inmate is indigent, such service shall be provided by the county at no cost.
(2) The county sheriff departments administering county jails may charge actual costs to any nonindigent inmate who has sufficient funds in his commissary or personal account for pharmaceuticals prescribed or authorized by jail medical staff.
(3) A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the inmate.
(4) All debts incurred pursuant to this section may be collected from the inmate’s commissary or personal account, in whole or in part, at any time during the period of incarceration, whenever moneys exist in or are placed into the inmate’s commissary or personal account, provided that the jail has in place a process by which the affected inmate may contest the assessment of moneys owed. Collection of moneys owed may occur at any time, in whole or in part, until such time as the full balance of the moneys owed is completely retired, provided that there shall be no further efforts to collect the debt after four (4) years from the date in which the debt was actually incurred.
(5) The county sheriff may require the inmate to provide health insurance information including, but not limited to, group, plan and identification numbers. The county sheriff is authorized to submit medical costs to the inmate’s health insurance company on behalf of the inmate.
History:
[20-619, added 1994, ch. 213, sec. 1, p. 672; am. 2001, ch. 50, sec. 1, p. 92; am. 2005, ch. 181, sec. 2, p. 556.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-620 - NO PRISONER EXEMPT FROM LABOR.

20-620. NO PRISONER EXEMPT FROM LABOR. No prisoner liable to employment as provided in this chapter shall be exempt therefrom except by reason of physical disability.
History:
[(20-620) 1895, p. 100, sec. 4; reen. 1899, p. 253, sec. 4; reen. R.C., sec. 8542d; compiled and reen. C.L., sec. 8542d; C.S., sec. 9435; I.C.A., sec. 20-620.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-621 - COMMUTATION FOR GOOD BEHAVIOR.

20-621. COMMUTATION FOR GOOD BEHAVIOR. Every person serving a jail sentence in a county jail in the state of Idaho who has a good record as a prisoner and who performs the tasks assigned him in an orderly and peaceable manner, shall upon the recommendation of the sheriff be allowed five (5) days off of each and every month of his sentence, by the magistrate judge.
History:
[(20-621) 1915, ch. 130, p. 287; reen. C.L., sec. 8542e; C.S., sec. 9436; I.C.A., sec. 20-621; am. 1989, ch. 231, sec. 4, p. 561.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-622 - INSPECTION OF JAIL BY COMMISSIONERS.

20-622. INSPECTION OF JAIL BY COMMISSIONERS. The county commissioners must inspect the county jail, and once every three (3) months inquire into the state thereof as respects the security thereof, treatment and condition of the prisoners, and take all necessary precaution against escape, sickness or infection.
History:
[(20-622) 1863, p. 596, sec. 2; R.S., R.C., & C.L., sec. 8543; C.S., sec. 9437; I.C.A., sec. 20-622.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-624 - IMPRISONMENT FOR FINE.

20-624. IMPRISONMENT FOR FINE. Whenever any defendant is confined solely for willful non-payment of any fine, the court, may, in lieu of payment, confine such person at the rate of thirty-five dollars ($35.00) per day until the fine imposed is satisfied.
History:
[(20-624) 1863, p. 596, sec. 8; R.S., R.C., & C.L., sec. 8545; C.S., sec. 9439; I.C.A., sec. 20-624; am. 1957, ch. 11, sec. 1, p. 14; am. 1989, ch. 231, sec. 6, p. 561; am. 1992, ch. 138, sec. 3, p. 428; am. 1995, ch. 265, sec. 1, p. 848.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-627 - UNLAWFUL CONVEYANCE OF ARTICLES INTO AND OUT OF COUNTY JAIL.

20-627. UNLAWFUL CONVEYANCE OF ARTICLES INTO AND OUT OF COUNTY JAIL. Any person who shall deliver or attempt to deliver or shall have in his possession with the intent to deliver, any letter, article or thing, to one confined in a county jail or in any other place or building used or substituted for a county jail, or who deposits or conceals any letter, article or thing in or about such jail or in or about such other place or building used or substituted for a county jail with the intent that one confined in such jail or such other place or building shall obtain or receive the same, without the knowledge or permission of the sheriff or a deputy sheriff; or any person who shall receive from one confined within a jail any letter, article or thing with the intent to convey the same out of the jail without the knowledge and permission of the sheriff or a deputy sheriff; or any person who shall purchase, exchange, take or receive from any prisoner while he may be working or remaining outside the county jail, any letter, article or thing without the knowledge and permission of the sheriff or a deputy sheriff, shall be guilty of a misdemeanor.
History:
[(20-627) C.S., sec. 9441-A, as added by 1929, ch. 213, sec. 1, p. 433; I.C.A., sec. 20-627.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 6 - COUNTY JAILS › Section 20-628 - JAIL DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS.

20-628. JAIL DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS. (1) In any case, whether filed in state, federal or administrative court, in which a prisoner in a county jail 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 jail 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 county prosecutor, or the attorney general, a disciplinary hearing may be held by the appropriate authority at the county jail, pursuant to chapter 6, title 20, Idaho Code, 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 jail disciplinary detention and loss of privileges consistent with established jail disciplinary procedures.
History:
[20-628, added 1996, ch. 420, sec. 4, p. 1400.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 7 - INTERSTATE CORRECTIONS COMPACT › Section 20-702 - COMMITMENT OR TRANSFER OF INMATES.

20-702. COMMITMENT OR TRANSFER OF INMATES. Any court or other agency or officer of this state having power to commit or transfer an inmate (as defined in Article II(d) of the Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to Article III of the Interstate Corrections Compact.
History:
[20-702, added 1959, ch. 56, sec. 2, p. 117; am. 1974, ch. 249, sec. 3, p. 1638.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 7 - INTERSTATE CORRECTIONS COMPACT › Section 20-703 - ENFORCEMENT OF COMPACT AND EFFECTUATION OF PURPOSE.

20-703. ENFORCEMENT OF COMPACT AND EFFECTUATION OF PURPOSE. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purpose and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
History:
[20-703, added 1959, ch. 56, sec. 3, p. 117.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 7 - INTERSTATE CORRECTIONS COMPACT › Section 20-704 - HEARINGS.

20-704. HEARINGS. The board of correction, the state board of health and welfare and/or such other agency or officer designated for such purpose by the governor, are hereby authorized and directed to hold such hearings within or without the state of Idaho as may be requested by any other party state pursuant to Article IV(f) of the Interstate Corrections Compact.
History:
[20-704, added 1959, ch. 56, sec. 4, p. 117; am. 1974, ch. 249, sec. 4, p. 1638.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 8 - PRIVATE PRISON FACILITIES › Section 20-802 - APPLICATION OF CHAPTER.

20-802. APPLICATION OF CHAPTER. The provisions of this chapter shall not apply to contracts of the state of Idaho for the housing of inmates in a private prison facility or local government detention facility.
History:
[20-802, added 1998, ch. 360, sec. 1, p. 1124.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 8 - PRIVATE PRISON FACILITIES › Section 20-803 - PRIVATE PRISON CONTRACTORS — CONTRACT OR APPROVAL REQUIRED TO CONSTRUCT AND OPERATE PRIVATE PRISON FACILITIES AND TO HOUSE OUT-OF-STATE PRISONERS.

20-803. PRIVATE PRISON CONTRACTORS — CONTRACT OR APPROVAL REQUIRED TO CONSTRUCT AND OPERATE PRIVATE PRISON FACILITIES AND TO HOUSE OUT-OF-STATE PRISONERS. (1) A private prison contractor may not construct or operate a private prison facility in this state except pursuant to a contract with the state of Idaho, as authorized in chapter 2, title 20, Idaho Code, or pursuant to a written contract with a county or city of this state, as authorized by the provisions of this chapter.
(2) A private prison contractor may not house in a private prison facility in this state prisoners who have been convicted of offenses committed against the laws of a governmental entity other than the state of Idaho and its political subdivisions except pursuant to a written contract with the board of county commissioners of the county in which the facility is located or the governing body of the city in which the facility is located, and only if the requirements of this chapter are met.
History:
[20-803, added 1998, ch. 360, sec. 1, p. 1124; am. 2001, ch. 335, sec. 2, p. 1180.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 8 - PRIVATE PRISON FACILITIES › Section 20-804 - AUTHORITY OF COUNTY OR CITY TO HOUSE PRISONERS IN A PRIVATE PRISON FACILITY.

20-804. AUTHORITY OF COUNTY OR CITY TO HOUSE PRISONERS IN A PRIVATE PRISON FACILITY. (1) A board of county commissioners or the governing body of a city may authorize the housing of specific minimum to medium security prisoners of the county or the city in a private prison facility pursuant to contract with the private prison contractor and subject to the review and approval of the prisoners by the department of correction. Provided, however, that in no event shall a board of county commissioners or the governing body of a city authorize, nor shall the department of correction approve, housing of any maximum or close custody prisoners, inmates imprisoned for sexual offenses or prisoners with a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined, or a history or record of escape or attempted escape from secure custody.
(2) A board of county commissioners may not contract with a private prison contractor in which a commissioner or an elected or appointed peace officer or other county official has an interest pursuant to chapter 5, title 74, Idaho Code. The governing body of a city may not contract with a private prison contractor in which the mayor, a member of the city council, or any appointed peace officer or other city official has an interest pursuant to chapter 5, title 74, Idaho Code. A contract made in violation of the provisions of this subsection is voidable.
History:
[20-804, added 1998, ch. 360, sec. 1, p. 1125; am. 2001, ch. 335, sec. 3, p. 1180; am. 2015, ch. 141, sec. 27, p. 407.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 8 - PRIVATE PRISON FACILITIES › Section 20-806 - PRIVATE PRISON FACILITIES — REQUIREMENTS — LICENSING.

20-806. PRIVATE PRISON FACILITIES — REQUIREMENTS — LICENSING. A private prison contractor that has contracted for the location or operation of a private prison facility within a county or a city of this state shall comply with the following requirements:
(1) An individual, corporation, partnership, association, or other private organization or entity may not operate a private prison facility in this state unless licensed by the department of correction. The board of correction shall have the power and it shall be its duty to promulgate rules necessary to implement and enforce standards for the licensing and operation of private prison facilities as set forth pursuant to this chapter. Applications for licenses shall be made on forms provided by the department of correction and accompanied by the required license fee. Licenses for the operation of private prisons shall be nontransferable. A license may be revoked if the facility fails to meet the standards and provisions of this chapter. All final decisions by the board shall be subject to review pursuant to the provisions and procedures of the administrative procedure act, chapter 52, title 67, Idaho Code;
(2) The facility shall meet correctional standards satisfying constitutional minimums, state and federal laws and applicable court orders;
(3) If the private prison facility is located on land owned by the county or the city or other publicly owned land which is not subject to real property taxes, the county or the city, if the facility is located within the limits of the city, may require the private prison contractor to pay fees to the county or the city in lieu of property taxes, as compensation for the costs to the county or the city of regulating, monitoring and providing services to the facility;
(4) The facility must provide internal and perimeter security to protect the public, employees and prisoners;
(5) The private prison contractor shall impose discipline on prisoners only as permitted by correctional standards satisfying constitutional minimums, state and federal laws, and applicable court orders;
(6) The private prison contractor shall provide prisoners with proper food, clothing, housing and medical care in accordance with constitutional minimums, state and federal laws, and applicable court orders. The private prison contractor shall require that anyone providing professional services to prisoners shall be licensed as provided by the state of Idaho if the professional would be required to be licensed in the state of Idaho to provide services to the general public;
(7) The private prison contractor shall allow access to the facility at all times and cooperate with all state and local authorities and their designees in the performance of their duties pursuant to section 20-805(4), Idaho Code, and section 20-808, Idaho Code.
History:
[20-806, added 1998, ch. 360, sec. 1, p. 1127; am. 2001, ch. 335, sec. 5, p. 1186.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 8 - PRIVATE PRISON FACILITIES › Section 20-808 - MONITORING PRIVATE PRISONS.

20-808. MONITORING PRIVATE PRISONS. In addition to and without limiting the authority provided in this chapter or by contract entered into pursuant to section 20-805, Idaho Code, or as provided by other applicable law, the board of county commissioners, the county sheriff, the prosecuting attorney or the authorized agents and employees of a county in which a private prison facility is located and the governing board of a city, the city attorney, law enforcement personnel of the city and other authorized agents and employees of the city in which a private prison facility is located, shall be authorized to monitor the facility and to enter the facility and the grounds thereof for the following purposes:
(1) To determine if the private prison contractor, its personnel and the private prison facility are in compliance with the provisions of this chapter, all laws of the state of Idaho and any ordinances or written policies and procedures of the county or city governing the private prison facility;
(2) To investigate any criminal conduct which has occurred, is occurring or is alleged to have occurred in or on the grounds of, or otherwise in connection with, the facility;
(3) To determine whether the facility is being operated in a manner which adequately safeguards and protects the safety of the public;
(4) To review prisoner security or custody classifications to determine whether any classifications need to be revised.
History:
[20-808, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec. 7, p. 1189.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 8 - PRIVATE PRISON FACILITIES › Section 20-812 - ENFORCEMENT — AVAILABLE REMEDIES — CIVIL PENALTY.

20-812. ENFORCEMENT — AVAILABLE REMEDIES — CIVIL PENALTY. (1) The county prosecuting attorney shall have authority to enforce the provisions of this chapter, and any county ordinances enacted, or written policies or procedures adopted by the county with respect to the operation of a private prison facility in the county, or any contract entered into between a board of county commissioners and a private prison contractor by civil action and may seek all available civil remedies including injunction. If the prosecuting attorney prevails in the action, the private prison contractor shall be liable to the county for attorney’s fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located.
(2) The city attorney shall have authority to enforce the provisions of this chapter, and any city ordinances enacted or written policies or procedures adopted by the governing body of the city with respect to the operation of a private prison facility within the city, or any contract entered into between the governing body of a city and a private prison contractor by civil action and he may seek all available civil remedies including injunction. If the city attorney prevails in the action, the private prison contractor shall be liable for attorney’s fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located.
(3) In addition to any other remedies, a private prison contractor constructing, renovating or operating a private prison facility in this state in violation of the provisions of this chapter, or any ordinances enacted or written policies or procedures adopted by a county or city governing the construction, renovation or operation of a private prison facility, or a contract entered into pursuant to this chapter shall be subject to a civil penalty in an amount not to exceed five thousand dollars ($5,000) for each separate violation or for each day of a continuing violation.
History:
[20-812, added 1998, ch. 360, sec. 1, p. 1130; am. 2001, ch. 335, sec. 9, p. 1190.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 9 - RESTRAINT OF PREGNANT PRISONERS › Section 20-901 - DEFINITIONS.

20-901. DEFINITIONS. In this chapter:
(1) "Correctional institution" means any entity under the authority of any state, county or municipal law enforcement division that has the power to detain and/or restrain a person under the laws of this state.
(2) "Corrections official" means the official designated as responsible for oversight of a correctional institution, or his or her designee.
(3) "Extraordinary circumstance" means a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.
(4) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix.
(5) "Prisoner" means any person incarcerated or detained in any facility, including persons held under the immigration laws of the United States.
(6) "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner or detainee’s body and/or limbs.
History:
[20-901, added 2011, ch. 223, sec. 1, p. 610.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 9 - RESTRAINT OF PREGNANT PRISONERS › Section 20-902 - RESTRICTIONS ON RESTRAINT OF PREGNANT PRISONERS — EXTRAORDINARY CIRCUMSTANCE.

20-902. RESTRICTIONS ON RESTRAINT OF PREGNANT PRISONERS — EXTRAORDINARY CIRCUMSTANCE. (1) A correctional institution shall not use restraints of any kind on a prisoner known to be pregnant during labor and delivery, except as provided in subsection (2) of this section.
(2) In an extraordinary circumstance, where a corrections official makes an individualized determination that restraints are necessary to prevent a prisoner from escaping or from injuring herself or medical or correctional personnel, such a prisoner or detainee may be restrained, provided that:
(a) If the doctor, nurse or other health professional treating the prisoner requests that restraints not be used, the corrections officer accompanying the prisoner shall immediately remove all restraints; and
(b) Under no circumstances shall leg or waist restraints be used on any prisoner during labor or delivery.
(3) If restraints are used on a prisoner pursuant to subsection (2) of this section:
(a) Both the type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary; and
(b) The corrections official shall make written findings within ten (10) days as to the extraordinary circumstance that dictated the use of the restraints. As part of this documentation, the corrections official must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances. These findings shall be kept on file by the institution for at least five (5) years and be made available for public inspection, except that no information identifying any individual prisoner or detainee shall be made public under the provisions of this section without the prisoner or detainee’s prior written consent.
History:
[20-902, added 2011, ch. 223, sec. 1, p. 610.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 9 - RESTRAINT OF PREGNANT PRISONERS › Section 20-903 - NOTICE TO PRISONERS.

20-903. NOTICE TO PRISONERS. (1) Correctional institutions shall inform prisoners of the provisions of this chapter upon admission to the correctional institution.
(2) Within sixty (60) days of the effective date of this chapter, correctional institutions shall inform prisoners within the custody of the correctional institution by posting this chapter in a location accessible to all prisoners.
History:
[20-903, added 2011, ch. 223, sec. 1, p. 611.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1001 - DEFINITIONS.

20-1001. DEFINITIONS. As used in this chapter, unless the context clearly indicates or requires otherwise, the following terms shall be defined as follows:
(1) "Board" means the state board of correction.
(2) "Commission" means the Idaho commission of pardons and parole.
(3) "Executive director" means the executive director of the commission.
History:
[20-1001, added 2021, ch. 196, sec. 2, p. 525.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1004 - DUTIES AND POWERS OF THE COMMISSION.

20-1004. DUTIES AND POWERS OF THE COMMISSION. The commission shall:
(1) Have the powers relating to commutation, pardon and remission of fines and forfeitures as set forth in section 7, article IV, of the Idaho constitution;
(2) Subject to and consistent with the provisions of this chapter and section 19-2513, Idaho Code, decide whether any prisoner who is eligible for parole may be released on parole;
(3) Subject to and consistent with the provisions of section 7, article IV, of the constitution of the state of Idaho; chapter 2, title 20, Idaho Code; and section 19-2513, Idaho Code; and in compliance with chapter 52, title 67, Idaho Code, promulgate rules to establish the procedures to carry out the provisions of this chapter, including procedures under which any eligible prisoner may be released on parole;
(4) Specify in writing the conditions of parole for every prisoner released on parole and provide every prisoner released on parole with a copy of the conditions of parole;
(5) Subject to and consistent with the provisions of this chapter, issue orders of final discharge from parole for eligible parolees; and
(6) Carry out all other duties and powers relating to the commission as set forth in Idaho Code.
History:
[(20-1004) 20-210A, added 2014, ch. 150, sec. 7, p. 420; am. and redesig. 2021, ch. 196, sec. 5, p. 528.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1006 - MEDICAL PAROLE — REQUIRED REPORT.

20-1006. MEDICAL PAROLE — REQUIRED REPORT. (1) Subject to the limitations of this section and section 20-1005, Idaho Code, and notwithstanding any fixed term of confinement or minimum period of confinement as provided in section 19-2513, Idaho Code, the commission may parole an inmate for medical reasons. A prisoner may be considered for medical parole only when the prisoner is permanently incapacitated or terminally ill and when the commission reasonably believes the prisoner no longer poses a threat to the safety of society.
(2) The commission shall annually prepare and send to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee a report containing the name and current legal status of all persons granted parole pursuant to this section.
(3) As used in this section:
(a) "Permanently incapacitated" means a person who, by reason of an existing physical condition that is not terminal, is permanently and irreversibly physically incapacitated; and
(b) "Terminally ill" means person who has an incurable condition caused by illness or disease and who is irreversibly, terminally ill.
History:
[20-1006, added 2021, ch. 196, sec. 8, p. 531.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1007 - CONDITIONS OF PAROLE TO BE SPECIFIED IN WRITING — WARRANT FOR ARREST OF SUSPECTED VIOLATORS — EFFECT OF SUSPENSION AND ARREST.

20-1007. CONDITIONS OF PAROLE TO BE SPECIFIED IN WRITING — WARRANT FOR ARREST OF SUSPECTED VIOLATORS — EFFECT OF SUSPENSION AND ARREST. The commission, in releasing a person on parole, shall specify in writing the conditions of parole, and a copy of such conditions shall be given to the person paroled. The commission shall include in the conditions of parole a requirement that the defendant enter into and comply with an agreement of supervision with the board of correction. The agreement of supervision shall include provisions setting forth the potential sanctions for a violation of the conditions imposed and potential rewards for compliance with the conditions imposed, as such sanctions and rewards are set forth in rules of the board. Whenever the commission finds that a parolee may have violated the conditions of parole, the written order of the commission, signed by a member or members of the commission or the executive director, shall be sufficient warrant for any law enforcement officer to take into custody such person, and it is hereby made the duty of all sheriffs, police, constables, parole and probation officers, prison officials and other peace officers to execute such order. Such warrant shall serve to suspend the person’s parole until a determination on the merits of the allegations of the violation has been made pursuant to a revocation hearing. From and after the issuance of the warrant and suspension of the parole of any convicted person and until arrest, the parolee shall be considered a fugitive from justice. Such person so recommitted, except as provided in section 20-1010, Idaho Code, must serve out the sentence, and the time during which such prisoner was out on parole shall not be deemed a part thereof, unless the commission, in its discretion, shall determine otherwise, but nothing herein contained shall prevent the commission from again paroling such prisoners at its discretion.
History:
[(20-1007) 20-228, added 1947, ch. 53, sec. 28, p. 59; am. 1970, ch. 105, sec. 1, p. 263; am. 1980, ch. 297, sec. 10, p. 772; am. 1994, ch. 171, sec. 3, p. 384; am. 1998, ch. 327, sec. 2, p. 1057; am. 2014, ch. 150, sec. 15, p. 428; am. and redesig. 2021, ch. 196, sec. 9, p. 532.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 10 - IDAHO COMMISSION OF PARDONS AND PAROLE › Section 20-1008 - PAROLE REVOCATION HEARING.

20-1008. PAROLE REVOCATION HEARING. (1) Whenever a paroled prisoner is accused of a violation of parole, other than by absconding supervision or the commission of, and conviction for, a felony or misdemeanor offense under the laws of this state, or any other state, or any federal laws, the parolee shall be entitled to a fair and impartial hearing of such charges within thirty (30) days from the date the accused is served with the charges of the violation of conditions of parole subsequent to arrest and detention. The hearing shall be held before one (1) or more members of the commission or before an impartial hearings officer selected by the executive director. Such hearing shall be held at a place or places, within this state, reasonably near the site of the alleged violation or violations of parole. If the parolee has been supervised outside of the state of Idaho and such violations occurred outside of Idaho, the executive director or hearing officer shall determine the location of the hearing.
(2) Whenever a paroled prisoner is accused of a violation of parole by absconding supervision or the commission of, and conviction for, a felony or misdemeanor offense under the laws of this state, or any other state, or any federal laws, the parolee shall be entitled to a fair and impartial hearing within a reasonable time from the date the accused is served with such charges. The location of such hearing shall be determined by the executive director or hearing officer.
History:
[(20-1008) 20-229, added 1970, ch. 105, sec. 3, p. 263; am. 1975, ch. 247, sec. 1, p. 661; am. 1980, ch. 297, sec. 11, p. 773; am. 1994, ch. 171, sec. 4, p. 385; am. and redesig. 2021, ch. 196, sec. 10, p. 532.]