reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4531 - SHORT TITLE.

19-4531. SHORT TITLE. This chapter may be cited as the "Uniform Criminal Extradition Act."
History:
[(19-4531) (19-4527) 1927, ch. 29, sec. 29, p. 31; I.C.A., sec. 19-4629; am. and redesig. 2008, ch. 136, sec. 28, p. 393.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 46 - PROCEEDINGS FOR THE PRODUCTION OF PRISONERS › Section 19-4601 - ORDER FOR PRODUCTION OF PRISONER.

19-4601. ORDER FOR PRODUCTION OF PRISONER. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made.
History:
[(19-4601) Cr. Prac. 1864, sec. 669, p. 296; R.S., R.C., & C.L., sec. 8435; C.S., sec. 9350; I.C.A., sec. 19-4701.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 47 - DISPOSITIONS OF FINES, FORFEITURES, AND COSTS › Section 19-4702 - DISPOSITION OF OTHER FUNDS.

19-4702. DISPOSITION OF OTHER FUNDS. Whenever any money shall be or shall come into the possession of any clerk of court, or other public officer authorized to receive the same, and no fund is specified by law into which such money shall be paid, or purpose to which the same shall be applied, the officer in possession of, or who may come into the possession of any money in such cases, shall pay the same to the state treasurer, who shall add the same to the permanent school fund, and such money shall thereafter be and remain a part of said fund.
History:
[(19-4702) 1913, ch. 70, sec. 1, p. 307; reen. C.L., sec. 8440a; C.S., sec. 9352; I.C.A., sec. 19-4802.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 47 - DISPOSITIONS OF FINES, FORFEITURES, AND COSTS › Section 19-4706 - REMISSION OF FINES TO STATE TREASURER.

19-4706. REMISSION OF FINES TO STATE TREASURER. The ten per cent (10%) apportionment of fines and forfeitures to be remitted to the state treasurer for deposit in the state general fund shall be remitted within five (5) days after the end of the month in which such fines and forfeitures were remitted to the county auditor.
History:
[19-4706, added 1969, ch. 136, sec. 2, p. 420; am. 1970, ch. 64, sec. 1, p. 153.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 47 - DISPOSITIONS OF FINES, FORFEITURES, AND COSTS › Section 19-4707 - DESIGNATION OF OTHER THAN CLERK OF COURT TO COLLECT FINES.

19-4707. DESIGNATION OF OTHER THAN CLERK OF COURT TO COLLECT FINES. If it appears that there is a necessity that fines and forfeitures be initially collected by a person other than the clerk of the district court or a person appointed by the clerk for that purpose, the Supreme Court by rule or administrative order may provide for the designation of persons to receive such fines and forfeitures. Persons so designated shall account for such fines and forfeitures in the same manner required of the clerk of the district court and shall pay such fines and forfeitures to the clerk of the district court of the county in which such fines and forfeitures are collected.
History:
[19-4707, added 1969, ch. 136, sec. 3, p. 420.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 48 - CRIMINAL JUSTICE INTEGRATED DATA SYSTEM ACT › Section 19-4801 - SHORT TITLE.

19-4801. SHORT TITLE. This chapter shall be known and may be cited as the "Criminal Justice Integrated Data System Act."
History:
[19-4801, added 2020, ch. 239, sec. 1, p. 697.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 48 - CRIMINAL JUSTICE INTEGRATED DATA SYSTEM ACT › Section 19-4802 - LEGISLATIVE INTENT.

19-4802. LEGISLATIVE INTENT. The local governments and state agencies and departments that comprise and interact with the criminal justice system in Idaho possess a wealth of data. A centralized data repository to manage and link data across separate entities will aid in evaluating the effectiveness of the criminal justice system and enable data-driven, cost-saving decision-making on issues facing the criminal justice system in Idaho. The Criminal Justice Integrated Data System establishes the legal framework by which the various contributing entities may share, integrate, merge, observe, examine, and research siloed data in a way that protects sensitive or legally protected personal information.
History:
[19-4802, added 2020, ch. 239, sec. 1, p. 697.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 48 - CRIMINAL JUSTICE INTEGRATED DATA SYSTEM ACT › Section 19-4803 - CRIMINAL JUSTICE INTEGRATED DATA SYSTEM.

19-4803. CRIMINAL JUSTICE INTEGRATED DATA SYSTEM. (1) There is hereby created in the office of the state controller the criminal justice integrated data system to receive, store, secure, and maintain data and information from local governments, state agencies and departments, or volunteer nongovernmental entities.
(2) The office of the state controller, as the managing agency of the criminal justice integrated data system, may:
(a) Require contributing local governments, state agencies and departments, or volunteer nongovernmental entities to deliver data and information in a certain format and on schedules established for the criminal justice integrated data system; and
(b) Enter into or adopt a memorandum of understanding with each contributing local government, state agency and department, or volunteer nongovernmental entity, and such memorandum must identify the confidentiality of the information and any conditions or restrictions on the use of the data or information.
(3) No memorandum of understanding with a contributing volunteer nongovernmental entity shall:
(a) Give said volunteer nongovernmental entity priority in determining the use of the data system or compel the criminal justice integrated data system to produce any project, report, or data analysis for or on behalf of any contributing volunteer nongovernmental entity; or
(b) Waive or otherwise inhibit a contributing volunteer nongovernmental entity’s option to discontinue further contribution of data or information to the criminal justice integrated data system at any time.
(4) The records and data collected and stored by the criminal justice integrated data system shall be exempt from disclosure as set forth in section 74-105(19), Idaho Code. The confidentiality of all records and data collected by the criminal justice integrated data system shall comply with applicable state and federal laws governing the privacy of records, data, and personal identifiable information.
History:
[19-4803, added 2020, ch. 239, sec. 1, p. 697.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4901 - REMEDY — TO WHOM AVAILABLE — CONDITIONS.

19-4901. REMEDY — TO WHOM AVAILABLE — CONDITIONS. (a) Any person who has been convicted of, or sentenced for, a crime and who claims:
(1) That the conviction or the sentence was in violation of the constitution of the United States or the constitution or laws of this state;
(2) That the court was without jurisdiction to impose sentence;
(3) That the sentence exceeds the maximum authorized by law;
(4) That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;
(5) That his sentence has expired, his probation, or conditional release was unlawfully revoked by the court in which he was convicted, or that he is otherwise unlawfully held in custody or other restraint;
(6) Subject to the provisions of section 19-4902(b) through (g), Idaho Code, that the petitioner is innocent of the offense; or
(7) That the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding, or remedy: may institute, without paying a filing fee, a proceeding under this act to secure relief.
(b) This remedy is not a substitute for nor does it affect any remedy incident to the proceedings in the trial court, or of an appeal from the sentence or conviction. Any issue which could have been raised on direct appeal, but was not, is forfeited and may not be considered in post-conviction proceedings, unless it appears to the court, on the basis of a substantial factual showing by affidavit, deposition or otherwise, that the asserted basis for relief raises a substantial doubt about the reliability of the finding of guilt and could not, in the exercise of due diligence, have been presented earlier. Except as otherwise provided in this act, it comprehends and takes the place of all other common law, statutory, or other remedies heretofore available for challenging the validity of the conviction or sentence. It shall be used exclusively in place of them.
History:
[19-4901, added 1967, ch. 25, sec. 1, p. 42; am. 1975, ch. 8, sec. 1, p. 13; am. 1986, ch. 126, sec. 1, p. 326; am. 2001, ch. 317, sec. 2, p. 1129; am. 2010, ch. 135, sec. 2, p. 288.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4903 - APPLICATION — CONTENTS.

19-4903. APPLICATION — CONTENTS. The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in section 19-4902. Affidavits, records, or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or sentence. Argument, citations, and discussion of authorities are unnecessary.
History:
[19-4903, added 1967, ch. 25, sec. 3, p. 42.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4904 - INABILITY TO PAY COSTS.

19-4904. INABILITY TO PAY COSTS. If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing, witness fees and expenses, and legal services, these costs and expenses, and a court-appointed attorney may be made available to the applicant in the preparation of the application, in the trial court, and on appeal, and paid, on order of the district court, by the county in which the application is filed.
History:
[19-4904, added 1967, ch. 25, sec. 4, p. 42; am. 1993, ch. 265, sec. 2, p. 898.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4905 - COSTS OF STATE.

19-4905. COSTS OF STATE. All costs and expenses necessarily incurred by the state in the proceedings shall be paid by the county in which the application is filed.
History:
[19-4905, added 1967, ch. 25, sec. 5, p. 42.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4906 - PLEADINGS AND JUDGMENT ON PLEADINGS.

19-4906. PLEADINGS AND JUDGMENT ON PLEADINGS. (a) Within 30 days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.
(b) When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply within 20 days to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or, direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact.
(c) The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
History:
[19-4906, added 1967, ch. 25, sec. 6, p. 42.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4907 - HEARING — EVIDENCE — ORDER — PRESENCE OF APPLICANT.

19-4907. HEARING — EVIDENCE — ORDER — PRESENCE OF APPLICANT. (a) The application shall be heard in, and before any judge of, the court in which the conviction took place. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings including pre-trial, discovery and appellate procedures are available to the parties. The court may receive proof by affidavits, depositions, oral testimony, or other evidence and may order the applicant brought before it for the hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.
(b) The applicant should be produced at the hearing on a motion attacking a sentence where there are substantial issues of fact as to evidence in which he participated. The sentencing court has discretion to ascertain whether the claim is substantial before granting a full evidentiary hearing and requiring the applicant to be present.
History:
[19-4907, added 1967, ch. 25, sec. 7, p. 42.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4908 - WAIVER OF OR FAILURE TO ASSERT CLAIMS.

19-4908. WAIVER OF OR FAILURE TO ASSERT CLAIMS. All grounds for relief available to an applicant under this act must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived in the proceeding that resulted in the conviction or sentence or in any other proceeding the applicant has taken to secure relief may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.
History:
[19-4908, added 1967, ch. 25, sec. 8, p. 42.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4909 - REVIEW.

19-4909. REVIEW. A final judgment entered under this act may be reviewed by the Supreme Court of this state on appeal brought either by the applicant or by the state within forty-two (42) days from the entry of the judgment. On appeal the state shall be represented by the attorney general.
History:
[19-4909, added 1967, ch. 25, sec. 9, p. 42; am. 1985, ch. 75, sec. 1, p. 150.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4910 - UNIFORMITY OF INTERPRETATION.

19-4910. UNIFORMITY OF INTERPRETATION. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
[19-4910, added 1967, ch. 25, sec. 10, p. 42.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 49 - UNIFORM POST-CONVICTION PROCEDURE ACT › Section 19-4911 - SHORT TITLE.

19-4911. SHORT TITLE. This act may be cited as the Uniform Post-Conviction Procedure Act.
History:
[19-4911, added 1967, ch. 25, sec. 11, p. 42.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 50 - INTERSTATE AGREEMENT ON DETAINERS › Section 19-5002 - APPROPRIATE COURT — DEFINED.

19-5002. APPROPRIATE COURT — DEFINED. The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean the state district courts.
History:
[19-5002, added 1971, ch. 167, sec. 2, p. 790.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 50 - INTERSTATE AGREEMENT ON DETAINERS › Section 19-5003 - COOPERATION OF OFFICIALS.

19-5003. COOPERATION OF OFFICIALS. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
History:
[19-5003, added 1971, ch. 167, sec. 3, p. 790.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 50 - INTERSTATE AGREEMENT ON DETAINERS › Section 19-5004 - PERSISTENT VIOLATORS.

19-5004. PERSISTENT VIOLATORS. Nothing in this act or in the agreement on detainers shall be construed to require the application of section 19-2514, Idaho Code, to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
History:
[19-5004, added 1971, ch. 167, sec. 4, p. 790.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 50 - INTERSTATE AGREEMENT ON DETAINERS › Section 19-5005 - ESCAPE FROM CUSTODY OBTAINED PURSUANT TO REQUEST FOR FINAL DISPOSITION — EFFECT.

19-5005. ESCAPE FROM CUSTODY OBTAINED PURSUANT TO REQUEST FOR FINAL DISPOSITION — EFFECT. Escape from custody while in another state pursuant to the agreement on detainers and escape from custody in this state by any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request.
History:
[19-5005, added 1971, ch. 167, sec. 5, p. 790.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 50 - INTERSTATE AGREEMENT ON DETAINERS › Section 19-5006 - MANDATORY DELIVERY OF CUSTODY.

19-5006. MANDATORY DELIVERY OF CUSTODY. It shall be lawful and mandatory upon the director of correction in charge of the Idaho state prison to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
History:
[19-5006, added 1971, ch. 167, sec. 6, p. 790.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 50 - INTERSTATE AGREEMENT ON DETAINERS › Section 19-5007 - ADMINISTRATION.

19-5007. ADMINISTRATION. The attorney general, or his designee, shall serve as the administrator of the agreement on detainers.
History:
[19-5007, added 1971, ch. 167, sec. 7, p. 790; am. 2019, ch. 164, sec. 1, p. 551.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 50 - INTERSTATE AGREEMENT ON DETAINERS › Section 19-5008 - DISTRIBUTION OF COPIES OF ACT.

19-5008. DISTRIBUTION OF COPIES OF ACT. Copies of this act shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.
History:
[19-5008, added 1971, ch. 167, sec. 8, p. 790.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5101 - DEFINITIONS.

19-5101. DEFINITIONS. As used in this act:
(a) "Council" means the Idaho peace officer standards and training council.
(b) "County detention officer" means an employee in a county jail who is responsible for the safety, care, protection, and monitoring of county jail inmates.
(c) "Law enforcement" means any and all activities pertaining to crime prevention or reduction and law enforcement, including police, courts, prosecution, corrections, probation, rehabilitation, and juvenile delinquency.
(d) "Peace officer" means any employee of a police or law enforcement agency which is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic or highway laws of this state or any political subdivision. "Peace officer" also means an employee of a police or law enforcement agency of a federally recognized Indian tribe who has satisfactorily completed the peace officer standards and training academy and has been deputized by a sheriff of a county or a chief of police of a city of the state of Idaho.
(e) "Political subdivision" means any city or county.
(f) "Emergency communications officer" means any emergency call taker or dispatcher whose primary responsibility is to receive or dispatch calls for emergency services in the state of Idaho.
History:
[19-5101, added 1981, ch. 307, sec. 2, p. 629; am. 1992, ch. 248, sec. 1, p. 730; am. 1997, ch. 84, sec. 1, p. 200; am. 2008, ch. 88, sec. 3, p. 244; am. 2017, ch. 181, sec. 1, p. 412.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5102 - COUNCIL ESTABLISHED — CHAIRMAN — MEMBERS.

19-5102. COUNCIL ESTABLISHED — CHAIRMAN — MEMBERS. There is hereby established in the Idaho state police the Idaho peace officer standards and training council. The chairman of the council shall be appointed by the governor and shall be a voting member of the council which shall be composed of the following members, and which shall reflect a reasonable geographic balance throughout the state:
(a) Three (3) city chiefs of police or their designees;
(b) Three (3) county sheriffs or their designees;
(c) The director of the Idaho state police or his designee;
(d) A county prosecuting attorney or his designee;
(e) The attorney general or his designee;
(f) The special agent in charge of the Idaho division of the federal bureau of investigation or his designee;
(g) The director of the department of correction or his designee;
(h) The director of the fish and game department or his designee;
(i) The director of the department of juvenile corrections or his designee; and
(j) In addition, there shall be advisory to the council, as ex officio nonvoting members of the council, the executive directors of the Idaho association of counties and association of Idaho cities.
History:
[19-5102, added 1981, ch. 307, sec. 2, p. 629; am. 1990, ch. 308, sec. 1, p. 848; am. 1999, ch. 154, sec. 1, p. 428; am. 2000, ch. 469, sec. 36, p. 1492.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5103 - COUNCIL — TERMS OF OFFICE.

19-5103. COUNCIL — TERMS OF OFFICE. Council members not serving by virtue of their office shall be appointed for four (4) year terms initially staggered as specified by the governor.
History:
[19-5103, added 1981, ch. 307, sec. 2, p. 629.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5104 - COUNCIL — EXPIRATION OF TERM — VACANCIES — ADDITIONAL TERMS.

19-5104. COUNCIL — EXPIRATION OF TERM — VACANCIES — ADDITIONAL TERMS. No member shall serve beyond the time when he holds the office or employment by reason of which he was initially eligible for appointment and any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired portion of the term of the member whom he succeeds. Any member may be appointed for additional terms.
History:
[19-5104, added 1981, ch. 307, sec. 2, p. 630.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5105 - CHAIRMAN — VICE-CHAIRMAN.

19-5105. CHAIRMAN — VICE-CHAIRMAN. The governor shall appoint a chairman, and the council annually shall elect a vice-chairman from among the membership.
History:
[19-5105, added 1981, ch. 307, sec. 2, p. 630.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5106 - MEMBERSHIP NO DISQUALIFICATION FOR OTHER PUBLIC OFFICE.

19-5106. MEMBERSHIP NO DISQUALIFICATION FOR OTHER PUBLIC OFFICE. Notwithstanding any provision of any statute, ordinance, local law or charter provision to the contrary, membership on the commission shall not disqualify any member from holding any other public office or cause the forfeiture thereof.
History:
[19-5106, added 1981, ch. 307, sec. 2, p. 630.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5107 - RULES AND REGULATIONS.

19-5107. RULES AND REGULATIONS. The council shall promulgate, amend and rescind such rules and regulations in accordance with the provisions of chapter 52, title 67, Idaho Code, it deems necessary to carry out the provisions of this chapter.
History:
[19-5107, added 1981, ch. 307, sec. 2, p. 630.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5108 - MEETINGS — QUORUM — VOTES — ADVISORY AND EX OFFICIO MEMBERS.

19-5108. MEETINGS — QUORUM — VOTES — ADVISORY AND EX OFFICIO MEMBERS. The council shall meet a minimum of once each calendar year and more often at the call of the chairman. The presence of a majority of the voting members of the council shall constitute a quorum for doing business. Advisory and ex officio members shall be entitled to participate in the business and deliberation of the council, but shall not be entitled to vote. The council shall establish its own procedures and requirements with respect to place and conduct of its meetings.
History:
[19-5108, added 1981, ch. 307, sec. 2, p. 630.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5110 - POLITICAL SUBDIVISIONS — APPLICATION FOR AID — REQUIREMENTS.

19-5110. POLITICAL SUBDIVISIONS — APPLICATION FOR AID — REQUIREMENTS. Any political subdivision or state agency which desires to receive aid pursuant to this chapter shall make application upon a form supplied by the council. Applications submitted pursuant to section 19-5109, Idaho Code, shall be accompanied by a certified copy of an ordinance adopted by its governing body providing that, while receiving any aid pursuant to this act, such political subdivision will adhere to the standards for recruitment and training established by the council or a certified copy of the agency’s or political subdivision’s merit rules, regulations or requirements.
History:
[19-5110, added 1981, ch. 307, sec. 2, p. 631.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5111 - APPLICATION FOR TRAINING — APPROVAL BY COUNCIL.

19-5111. APPLICATION FOR TRAINING — APPROVAL BY COUNCIL. The council shall be the exclusive body for the approval of applications to attend the schools and programs supported under the provisions of section 19-5109, Idaho Code.
History:
[19-5111, added 1981, ch. 307, sec. 2, p. 631.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5112 - AGREEMENT BY OFFICER TO SERVE — VIOLATIONS.

19-5112. AGREEMENT BY OFFICER TO SERVE — VIOLATIONS. (1) Any peace officer attending such schools or programs shall execute an agreement whereby said officer promises to remain within the law enforcement profession in the state of Idaho in a position approved by rules and regulations of the council for two (2) years following graduation, subject only to such disqualifications as established by the council and included within the agreement.
(2) Violation of the provisions of this section or the terms of any contract or agreement entered into pursuant to such section shall give rise to a civil action which may be commenced by the council for and on behalf of the state of Idaho for restitution of any and all sums paid by the council plus costs and reasonable attorney’s fees.
History:
[19-5112, added 1981, ch. 307, sec. 2, p. 631; am. 2006, ch. 47, sec. 2, p. 138.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5113 - INVESTIGATIONS — AUTHORITY TO ADMINISTER OATHS — SUBPOENAS.

19-5113. INVESTIGATIONS — AUTHORITY TO ADMINISTER OATHS — SUBPOENAS. To determine whether the standards, training, qualifications of instructors or schools, the obligations of applicants for aid, or recipients of aid, are being complied with and for such other purposes as the council deems necessary and not inconsistent with the intent of this act, the director of the Idaho state police or his authorized representative may administer oaths, take depositions and/or issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information. If any person fails to comply with any subpoena issued under this section or refuses to testify on any matter on which he lawfully may be interrogated, compliance with such subpoena shall be sought in the district court wherein such subpoena was served.
History:
[19-5113, added 1981, ch. 307, sec. 2, p. 632; am. 2000, ch. 469, sec. 38, p. 1495.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5114 - ANNUAL REPORTS.

19-5114. ANNUAL REPORTS. The council shall report annually to the governor and legislature through the director of the Idaho state police on its activities and may make such other reports and recommendations as it deems desirable.
History:
[19-5114, added 1981, ch. 307, sec. 2, p. 632; am. 2000, ch. 469, sec. 39, p. 1495.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5115 - REIMBURSEMENT FOR EXPENSES.

19-5115. REIMBURSEMENT FOR EXPENSES. Members of the council shall be compensated as provided in section 59-509(b), Idaho Code, to be paid from the funds authorized and appropriated to the council pursuant to the provisions of section 23-404, Idaho Code.
History:
[19-5115, added 1981, ch. 307, sec. 2, p. 632.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5116 - PEACE OFFICERS STANDARDS AND TRAINING FUND.

19-5116. PEACE OFFICERS STANDARDS AND TRAINING FUND. (a) There is hereby established in the state treasury the peace officers standards and training fund. All moneys deposited to the fund shall be expended by the peace officer standards and training council for the following purposes:
(1) Training peace officers, county detention officers, and self-sponsored students within the state of Idaho, including, but not limited to, sheriffs and their deputies, officers of the Idaho state police, conservation officers of the Idaho department of fish and game, emergency communications officers, and city and county prosecutors and their deputies;
(2) Salaries, costs and expenses relating to such training as provided in paragraph (1) of this subsection;
(3) Such capital expenditures as the peace officer standards and training council may provide for the acquisition, construction and/or improvement of a peace officer standards and training academy; and
(4) Such expenditures as may be necessary to aid approved peace officers training programs or county detention officer programs certified as having met the standards established by the peace officer standards and training council.
(b) The peace officers standards and training fund shall be funded as provided in sections 31-3201A, 31-3201B, and 23-404, Idaho Code.
(c) All contributions and other moneys and appropriations designated for peace officers standards and training shall be deposited in the peace officers standards and training fund.
(d) Moneys received into the fund as provided in subsection (c) of this section shall be accounted for separately.
(e) If the fiscal year-end balance in the fund pursuant to sections 31-3201A, 31-3201B, and 23-404, Idaho Code, exceeds one million dollars ($1,000,000), the excess shall revert to the general fund.
(f) Moneys received into the fund pursuant to the provisions of section 31-3201D, Idaho Code, shall be used for the purposes of providing basic training, continuing education and certification of misdemeanor probation officers, whether those officers are employees of or by private sector contract with a county.
History:
[19-5116, added 1983, ch. 117, sec. 1, p. 258; am. 1994, ch. 191, sec. 1, p. 620; am. 1997, ch. 84, sec. 3, p. 202; am. 1998, ch. 150, sec. 1, p. 521; am. 2000, ch. 469, sec. 40, p. 1495; am. 2003, ch. 237, sec. 2, p. 609; am. 2011, ch. 128, sec. 4, p. 357; am. 2017, ch. 181, sec. 2, p. 412; am. 2022, ch. 50, sec. 1, p. 151.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5117 - POWERS OF THE COUNCIL — STANDARDS OF TRAINING, EDUCATION AND EMPLOYMENT OF COUNTY DETENTION OFFICERS — CERTIFICATION — PENALTIES.

19-5117. POWERS OF THE COUNCIL — STANDARDS OF TRAINING, EDUCATION AND EMPLOYMENT OF COUNTY DETENTION OFFICERS — CERTIFICATION — PENALTIES. (1) It shall be the duty of and the council shall have the power:
(a) To establish the requirements of minimum basic training which county detention officers shall complete in order to be eligible for permanent employment as a county detention officer;
(b) To establish such basic training and certification so that it can be completed within one (1) year of employment as a county detention officer;
(c) To establish the requirements of minimum training standards for employment as a county detention officer in probationary, temporary, part-time and/or emergency situations;
(d) To certify county detention officers as having completed all requirements established by the council in order to be eligible for permanent employment as a county detention officer;
(e) To receive applications for financial assistance from counties and disburse available state funds to the counties for salaries and allowable living expenses or any part thereof, incurred while in attendance at approved training programs and schools, as authorized by the council. The annual reimbursement authorized by this section shall not exceed the funds available for such purpose and authorized by section 31-3201B, Idaho Code;
(f) To maintain permanent files and transcripts for all county detention officers certified by the council to include any additional courses or advance courses of instruction successfully completed by such county detention officers while employed in this state and to include the law enforcement employment history by agency and dates of service of the officer. Such information shall be made available to any law enforcement agency upon request when a person applies for employment at the requesting law enforcement agency.
(2) Any county detention officer employed after July 1, 1997, shall be trained and certified within one (1) year of employment. Current county detention officers, who were employed prior to July 1, 1997, shall comply with the training and certification provisions of this section by July 1, 1999.
History:
[19-5117, added 1997, ch. 84, sec. 4, p. 203; am. 2009, ch. 115, sec. 2, p. 372.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 51 - PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 19-5118 - POWER OF THE COUNCIL TO ESTABLISH AND ASSESS FEES.

19-5118. POWER OF THE COUNCIL TO ESTABLISH AND ASSESS FEES. (1) The council may establish and assess fees for:
(a) The use of its facilities and equipment by private entities and non-law enforcement institutions;
(b) The use of its facilities and equipment by law enforcement agencies for purposes other than basic training; and
(c) Facilitating, arranging, providing or assisting with the training, certification or continuing education requirements of private entities, non-law enforcement institutions and law enforcement agencies.
(2) The council shall deposit assessed fees into the peace officer standards and training fund established in section 19-5116, Idaho Code. The council may expend moneys as deemed necessary to cover the costs for the uses identified in this section.
History:
[19-5118, added 2012, ch. 166, sec. 1, p. 447.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 52 - PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 19-5201 - IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM — INTENT AND PURPOSE.

19-5201. IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM — INTENT AND PURPOSE. The maintenance of law and order is, and always has been, a primary function of government and is so recognized in both federal and state constitutions. The state has an unmistakable responsibility to give full support to all public agencies of the criminal justice system. This responsibility includes the provision of an efficient law enforcement information system available to all state and local agencies. It is the intent of the legislature that such a system be established and maintained in a condition adequate to the needs of public safety and security. It is the purpose of this chapter to establish a public safety and security information system, known as "ILETS," for the state of Idaho.
History:
[19-5201, added 1971, ch. 195, sec. 1, p. 884; am. 2005, ch. 115, sec. 3, p. 373.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 52 - PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 19-5202 - ESTABLISHMENT OF INFORMATION SYSTEM — USE — ACCESS CHARGE — INTERSTATE CONNECTION.

19-5202. ESTABLISHMENT OF INFORMATION SYSTEM — USE — ACCESS CHARGE — INTERSTATE CONNECTION. (1) Establishment of information system. The director of the Idaho state police shall establish a public safety and security information system, known as "ILETS," which will interconnect the criminal justice agencies of this state and its political subdivisions and all agencies engaged in the promotion of highway safety into a unified information system. The director is authorized to lease such transmitting and receiving facilities and equipment as may be necessary to establish and maintain such a system.
(2) Use of information system. The public safety and security information system, known as "ILETS," shall be used exclusively for the law enforcement and criminal justice business of the state of Idaho and all the political subdivisions thereof, including all agencies engaged in the promotion of traffic safety.
(3) Judiciary and traffic safety. Nothing in this chapter shall prohibit the use of or participation in the information system herein provided by the judicial branch of the state government or by any other department, agency or branch of state or local government engaged in traffic safety.
(4) Access. The quarterly access fee to be charged each department or agency participating in the information system shall be set by the public safety and security information board, known as the "ILETS board," and in setting such fee the board shall take into consideration the usage of said system by each participant. There is hereby created the public safety and security information fund, to be known as the ILETS fund. All access fees collected under the provisions of this chapter shall be paid into the fund.
(5) Interstate connection. The public safety and security information system provided for herein is hereby authorized to connect and participate with information systems of other states and provinces of Canada.
History:
[19-5202, added 1971, ch. 195, sec. 2, p. 884; am. 1974, ch. 27, sec. 10, p. 811; am. 1983, ch. 181, sec. 1, p. 492; am. 2000, ch. 469, sec. 41, p. 1496; am. 2005, ch. 115, sec. 4, p. 373.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 52 - PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 19-5204 - EXECUTIVE OFFICER OF BOARD.

19-5204. EXECUTIVE OFFICER OF BOARD. The director of the Idaho state police shall be the executive officer of the ILETS board and shall be responsible for the carrying out of the policies and rules of the board and with the management and expenditures of such funds as may be appropriated to implement this chapter.
History:
[19-5204, added 1971, ch. 195, sec. 4, p. 884; am. 1974, ch. 27, sec. 12, p. 811; am. 2000, ch. 469, sec. 43, p. 1498; am. 2005, ch. 115, sec. 6, p. 375.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 53 - COMPENSATION OF VICTIMS OF CRIMES › Section 19-5302 - VICTIMS OF CRIME.

19-5302. VICTIMS OF CRIME. If a district court or a magistrate division orders the defendant to pay restitution, the court shall order the defendant to pay such restitution to the victim or victims injured by the defendant’s action.
History:
[19-5302, added 1984, ch. 86, sec. 1, p. 169; am. 1985, ch. 122, sec. 4, p. 300; am. 1986, ch. 197, sec. 1, p. 495; am. 2004, ch. 21, sec. 1, p. 23; am. 2018, ch. 189, sec. 2, p. 415.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 53 - COMPENSATION OF VICTIMS OF CRIMES › Section 19-5303 - COST OF MEDICAL EXAMS TO BE PAID BY LAW ENFORCEMENT AGENCY.

19-5303. COST OF MEDICAL EXAMS TO BE PAID BY LAW ENFORCEMENT AGENCY. When the victim of any crime is directed or authorized by a law enforcement agency to obtain a medical examination for the purpose of procuring evidence for use by a law enforcement agency in the investigation or prosecution of the crime, the expense incurred shall be paid by the law enforcement agency. Provided however, the cost of forensic and/or medical examinations of alleged victims of sexual assault shall be paid for from the crime victims compensation account, as established by section 72-1009, Idaho Code. The provisions of this section shall not be construed to require a law enforcement agency to bear the expense of any medical treatment of the victim.
History:
[(19-5303) 1984, ch. 191, sec. 1, p. 440; 1985, redesignated from 19-5302, ch. 122, sec. 7, p. 303; am. 2001, ch. 144, sec. 1, p. 512.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 53 - COMPENSATION OF VICTIMS OF CRIMES › Section 19-5305 - COLLECTION OF JUDGMENTS.

19-5305. COLLECTION OF JUDGMENTS. (1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments.
(2) The clerk of the district court may take action to collect on the order of restitution on behalf of the victim and, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.
History:
[19-5305, added 1985, ch. 122, sec. 2, p. 299; am. 2009, ch. 102, sec. 2, p. 313.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5501 - LEGISLATIVE FINDINGS — STATEMENT OF PURPOSE.

19-5501. LEGISLATIVE FINDINGS — STATEMENT OF PURPOSE. The legislature finds that DNA (deoxyribonucleic acid) identification analysis is a useful law enforcement tool for identifying and prosecuting felony offenders. The purpose of this act is to assist federal, state and local criminal justice and law enforcement agencies within and outside the state in the detection and prosecution of individuals responsible for felony crimes, as well as in the exclusion of suspects who are being investigated for such crimes.
History:
[19-5501, added 1997, ch. 120, sec. 1, p. 342; am. 2011, ch. 211, sec. 1, p. 593.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5502 - DEFINITIONS.

19-5502. DEFINITIONS. (1) "CODIS" means the federal bureau of investigation’s combined DNA index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories.
(2) "Director" means the director of the Idaho state police.
(3) "DNA" means deoxyribonucleic acid.
(4) "DNA analysis" means the scientific test of a DNA sample for the purpose of obtaining a DNA profile.
(5) "DNA profile" means the list of one (1) or more genetic types determined for an individual based on variations in DNA sequence.
(6) "DNA record" means DNA information stored in the statewide DNA database system of the bureau of forensic services or CODIS and includes information commonly referred to as a DNA profile.
(7) "DNA sample" means a body fluid or tissue sample provided by any person convicted of a felony crime or any body fluid or tissue sample submitted to the statewide DNA database system for analysis pursuant to a criminal investigation or missing person investigation.
(8) "Forensic laboratory" means the bureau of forensic services of the Idaho state police.
(9) "Law enforcement purpose" means to assist federal, state or local criminal justice and law enforcement agencies within and outside the state of Idaho in identification or prosecution of felony crimes or other crimes and the identification and location of missing and unidentified persons.
(10) "Statewide DNA databank" means the state repository of DNA samples collected under this chapter.
(11) "Statewide DNA database system" means the DNA record system administered by the Idaho bureau of forensic services.
History:
[19-5502, added 1997, ch. 120, sec. 1, p. 342; am. 2000, ch. 469, sec. 45, p. 1498; am. 2004, ch. 157, sec. 1, p. 505; am. 2011, ch. 211, sec. 2, p. 593.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5503 - RESPONSIBILITY FOR MANAGING DNA PROGRAMS — BUREAU OF FORENSIC SERVICES.

19-5503. RESPONSIBILITY FOR MANAGING DNA PROGRAMS — BUREAU OF FORENSIC SERVICES. The Idaho state police through the bureau of forensic services shall be responsible for the policy management and administration of the state’s database and databank identification program. The bureau of forensic services shall be responsible for liaison with the FBI regarding the state’s participation in the CODIS program.
History:
[19-5503, added 1997, ch. 120, sec. 1, p. 342; am. 2000, ch. 469, sec. 46, p. 1499.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 55 - THE IDAHO DNA DATABASE ACT OF 1996 › Section 19-5504 - IMPLEMENTATION OF THE CHAPTER — RULES.

19-5504. IMPLEMENTATION OF THE CHAPTER — RULES. The Idaho state police, in consultation with the Idaho attorney general’s office, the Idaho department of correction, the Idaho chiefs of police association, the Idaho state sheriff’s association, and the Idaho prosecuting attorney’s association, shall adopt policies, procedures and rules for implementation of this chapter, and ensure that DNA samples are collected from qualifying offenders in a timely manner. The director may designate additional persons and organizations to provide consultation in implementing the provisions of this chapter.
History:
[19-5504, added 1997, ch. 120, sec. 1, p. 343; am. 2000, ch. 469, sec. 47, p. 1499.]