reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6006 - DISTRICT PUBLIC DEFENDER.

19-6006. DISTRICT PUBLIC DEFENDER. [EFFECTIVE JULY 1, 2024] (1) In each judicial district described in chapter 8, title 1, Idaho Code, the state public defender shall employ a district public defender. The district public defender must be an employee of the office of the state public defender, meet and maintain the qualifications set forth in section 19-6004(2), Idaho Code, and not engage in any conduct prohibited by section 19-6004(3), Idaho Code, while employed as district public defender. The district public defender may be removed by the state public defender for failing to maintain the qualifications of the position established in this section, for engaging in conduct prohibited by this section, or for good cause shown. The duty station of each district public defender must be within the judicial district that the district public defender oversees.
(2) Under the direction and supervision of the state public defender, each district public defender shall carry out the purposes of this chapter in the judicial district, including supervising the defending attorneys hired or contracted to work in that judicial district, assuring compliance with the provisions of section 19-6005, Idaho Code, as well as other duties assigned by the state public defender.
(3) The district public defender shall be the principal liaison with the administrative district judge, the trial court administrator, the boards of county commissioners, county clerks, and county prosecutors on administrative matters concerning the provision of public defense in the judicial district. Upon invitation, but not less than annually, the district public defender shall report to each board of county commissioners within the judicial district concerning public defense in the respective county.
History:
[19-6006, added 2023, ch. 220, sec. 1, p. 664.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6007 - HIRING THE DISTRICT PUBLIC DEFENDER.

19-6007. HIRING THE DISTRICT PUBLIC DEFENDER. [EFFECTIVE JULY 1, 2024] (1) Whenever a vacancy arises in the position of district public defender, it shall be the duty of the district magistrates commission to recruit applicants, review candidates, and hire a district public defender who meets the qualifications established in this chapter. The office of the state public defender may assist the district magistrates commission in drawing the largest pool of qualified applicants.
(2) In addition to the provisions of sections 1-2203, 1-2203A, 1-2203B, 1-2204, and 1-2205, Idaho Code, when a district magistrates commission is carrying out the purposes of this section:
(a) The administrative district judge or district judge designated by the administrative district judge shall not participate in any proceedings of the district magistrates commission pursuant to the provisions of this section. The county commissioner on the district magistrates commission from the county that operated an office of public defender by January 1, 2023, shall chair the district magistrates commission. If there is more than one (1) county in the judicial district that operated an office of public defender or that was part of a joint office of public defender by January 1, 2023, the county commissioner on the district magistrates commission from such a county with the longest continuous service as county commissioner shall chair the district magistrates commission. If no county in the judicial district operated an office of public defender or was part of a joint office of public defender by January 1, 2023, the county commissioner on the district magistrates commission with the longest continuous service as county commissioner shall chair the district magistrates commission.
(b) The state public defender shall appoint two (2) attorneys who practice in the judicial district and whose practice as certified by each attorney at the time of his appointment is predominantly criminal defense, one (1) of whom must be a defending attorney employed or contracted by an indigent defense provider, to temporarily serve on the district magistrates commission; provided, however, the provision of section 1-2203B(4), Idaho Code, regarding current or former law partners shall apply to any attorney appointed by the state public defender.
(c) No person employed as a criminal prosecutor or who otherwise prosecutes or aids in the prosecution of criminal cases may participate on the district magistrates commission, nor shall any person employed in a law enforcement agency participate on the district magistrates commission. A temporary vacancy, pursuant to section 1-2203B, Idaho Code, shall occur for any commission member prohibited from participating by this paragraph.
History:
[19-6007, added 2023, ch. 220, sec. 1, p. 664.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6009 - RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.

19-6009. RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT. [EFFECTIVE JULY 1, 2024] (1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to section 18-212, 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is entitled:
(a) To be represented by an attorney to the same extent as a person having his own counsel is so entitled; and
(b) To be provided with the necessary services and facilities of representation including investigation and other preparation. The attorney, services and facilities and the court costs shall be provided at public expense to the extent that the person is, at the time the court determines indigency pursuant to section 19-6011, Idaho Code, unable to provide for their payment.
(2) An indigent person who is entitled to be represented by an attorney under subsection (1) of this section is entitled:
(a) To be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney and including revocation of probation;
(b) To be represented in any appeal;
(c) To be represented in any other post-conviction or post-commitment proceeding that the attorney or the indigent person considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding.
(3) An indigent person’s right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage.
History:
[(19-6009) 19-852, added 1967, ch. 181, sec. 2, p. 599; am. 1969 (2nd E.S.), ch. 10, sec. 2, p. 20; am. 1981, ch. 114, sec. 3, p. 171; am. 1982, ch. 59, sec. 3, p. 92; am. 2013, ch. 220, sec. 2, p. 516; am. and redesig. 2023, ch. 220, sec. 5, p. 670.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6010 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.

19-6010. DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL. [EFFECTIVE JULY 1, 2024] (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, is not represented by an attorney under conditions in which a person having his own counsel would be entitled to be so represented, the law enforcement officers concerned, upon commencement of detention, or the court, upon formal charge or hearing, as the case may be, shall:
(a) Clearly inform him of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense; and
(b) If the person detained or charged does not have an attorney, notify the indigent defense provider or trial court concerned, as the case may be, that he is not so represented. As used in this subsection, the term "commencement of detention" includes the taking into custody of a probationer.
(2) Upon commencement of any later judicial proceeding relating to the same matter including, but not limited to, preliminary hearing, arraignment, trial, any post-conviction proceeding or post-commitment proceeding, the presiding officer shall clearly inform the person so detained or charged of his right to counsel and of the right of an indigent person to be represented by an attorney at public expense. Provided, the appointment of an attorney at public expense in uniform post-conviction procedure act proceedings shall be in accordance with section 19-4904, Idaho Code.
(3) If a court determines that the person is entitled to be represented by an attorney at public expense, it shall promptly notify the state public defender.
(4) Upon notification by the court, the state public defender shall represent the person with respect to whom the notification is made.
History:
[(19-6010) 19-853, added 1967, ch. 181, sec. 3, p. 599; 1968 (2nd E.S.), ch. 10, sec. 3, p. 20; am. 1981, ch. 114, sec. 4, p. 172; am. 1982, ch. 59, sec. 4, p. 93; am. 1984, ch. 229, sec. 1, p. 548; am. 2001, ch. 160, sec. 1, p. 568; am. 2013, ch. 220, sec. 3, p. 516; am. 2014, ch. 247, sec. 4, p. 619; am. 2015, ch. 244, sec. 2, p. 1009; am. 2016, ch. 47, sec. 1, p. 98; am. 2016, ch. 195, sec. 3, p. 547; am. and redesig. 2023, ch. 220, sec. 6, p. 670.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6012 - QUALIFICATIONS OF COUNSEL.

19-6012. QUALIFICATIONS OF COUNSEL. [EFFECTIVE JULY 1, 2024] No person may be given the primary responsibility of representing an indigent person unless he is licensed to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime.
History:
[(19-6012) 19-855, added 1967, ch. 181, sec. 5, p. 599; am. 2013, ch. 220, sec. 5, p. 518; am. and redesig. 2023, ch. 220, sec. 8, p. 672.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6013 - WAIVER OF COUNSEL — CONSIDERATION BY COURT.

19-6013. WAIVER OF COUNSEL — CONSIDERATION BY COURT. [EFFECTIVE JULY 1, 2024] A person who has been appropriately informed of his right to counsel may waive any right provided by this chapter if the court concerned, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person’s age, education and familiarity with the English language and the complexity of the crime involved.
History:
[(19-6013) 19-857, added 1967, ch. 181, sec. 7, p. 599; am. 2013, ch. 220, sec. 7, p. 518; am. and redesig. 2023, ch. 220, sec. 9, p. 672.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6014 - FACILITIES.

19-6014. FACILITIES. [EFFECTIVE JULY 1, 2024] A defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the county prosecutor. If the defending attorney considers the use of the state facilities impractical, the court concerned may authorize the use of private facilities, to be paid for by the state public defender.
History:
[(19-6014) 19-861, added 1967, ch. 181, sec. 11, p. 599; am. 2014, ch. 247, sec. 7, p. 620; am. and redesig. 2023, ch. 220, sec. 10, p. 672.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6015 - REIMBURSEMENT — WHEN AUTHORIZED.

19-6015. REIMBURSEMENT — WHEN AUTHORIZED. [EFFECTIVE OCTOBER 1, 2024] (1) The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this chapter:
(a) To which he was not entitled;
(b) With respect to which he was not an indigent person when he received it; or
(c) With respect to which he has failed to make the certification required under section 19-6011, Idaho Code, and for which he refuses to pay or reimburse. Suit must be brought within five (5) years after the date on which the aid was received.
(2) The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered under subsection (1) of this section who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to pay or reimburse for legal assistance without manifest hardship according to the standards of ability to pay applicable under sections 19-6009 and 19-6011, Idaho Code, but refuses to do so. Suit must be brought within three (3) years after the date on which the benefit was received.
(3) Amounts recovered under this section shall be paid into the state public defense fund pursuant to section 57-827, Idaho Code.
History:
[(19-6015) 19-858, added 1967, ch. 181, sec. 8, p. 599; am. 2013, ch. 220, sec. 8, p. 518; am. 2022, ch. 318, sec. 56, p. 1029; am. and redesig. 2023, ch. 220, sec. 11, p. 673.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6016 - RECORDS OF DEFENDING ATTORNEYS.

19-6016. RECORDS OF DEFENDING ATTORNEYS. [EFFECTIVE JULY 1, 2024] Indigent defense providers and defending attorneys shall keep appropriate records respecting each person whom they represent under this chapter.
History:
[(19-6016) 19-864, added 1967, ch. 181, sec. 14, p. 599; am. 2013, ch. 220, sec. 12, p. 520; am. 2016, ch. 195, sec. 6, p. 551; am. and redesig. 2023, ch. 220, sec. 12, p. 673.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6017 - APPLICATION OF CHAPTER — STATE COURTS — FEDERAL COURTS.

19-6017. APPLICATION OF CHAPTER — STATE COURTS — FEDERAL COURTS. [EFFECTIVE JULY 1, 2024] This chapter applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if:
(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the state; or
(2) Representation is under a plan of the United States district court as required by the criminal justice act of 1964, 18 U.S.C. 3006A, and is approved by the state public defender.
History:
[(19-6017) 19-865, added 1967, ch. 181, sec. 15, p. 599; am. 2013, ch. 220, sec. 13, p. 520; am. 2014, ch. 97, sec. 4, p. 269; am. and redesig. 2023, ch. 220, sec. 13, p. 673.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6018 - PROVISIONS NOT EXCLUSIVE.

19-6018. PROVISIONS NOT EXCLUSIVE. [EFFECTIVE JULY 1, 2024] The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides.
History:
[(19-6018) 19-866, added 1967, ch. 181, sec. 17, p. 599; am. and redesig. 2023, ch. 220, sec. 14, p. 673.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 - STATE PUBLIC DEFENDER ACT [EFFECTIVE JULY 1, 2024] › Section 19-6019 - CONTRACTING WITH DEFENDING ATTORNEYS.

19-6019. CONTRACTING WITH DEFENDING ATTORNEYS. [EFFECTIVE JULY 1, 2024] (1) When contracting with defending attorneys to provide primary or conflict indigent defense services, to the greatest extent that is practicable, the office of the state public defender shall contract with local defending attorneys who practice in the county. If no qualified attorneys who practice in the county are available, the office of the state public defender shall contract with local defending attorneys who practice within the judicial district.
(2) In counties that did not operate an office of public defender or joint office of public defender by January 1, 2023, the office of the state public defender shall continue to provide primary indigent defense services by contract through July 1, 2029, unless the board of county commissioners, at the request of the office of the state public defender, votes to allow the office to transition from primary contract indigent defense providers. Notice of no less than six (6) months is required in advance of any change in delivery of public defense from primary contract indigent defense providers in a county pursuant to this subsection.
(3) Nothing in this section:
(a) Prohibits the office of the state public defender from continuing to contract with defending attorneys to provide indigent defense services in any county after July 1, 2029;
(b) Requires the office of the state public defender to contract with defending attorneys who do not meet the requirements and standards for defending attorneys; or
(c) Restricts the office of the state public defender from using defending attorneys employed by the office of the state public defender to represent indigent defendants in any capital case.
History:
[19-6019, added 2023, ch. 220, sec. 15, p. 674.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 [61] - COMPLIANCE WITH IMMIGRATION LAW › Section 19-6101 - DEFINITIONS.

19-6001 [19-6101]. DEFINITIONS. As used in this chapter:
(1) "Peace officer" means any employee of a police or law enforcement agency that 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.
(2) "Policy" means a formal, written rule, order, ordinance, or policy and an informal, unwritten policy.
(3) "Political subdivision" means any county, city, municipal corporation, health district, school district, irrigation district, operating agent of any irrigation district whose board consists of directors of its member districts, special improvement or taxing district, or any other political subdivision or public corporation. As used in this chapter, "county" and "city" also mean state-licensed hospitals and attached nursing homes established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.
(4) "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality thereof.
History:
[19-6001 [19-6101], added 2023, ch. 263, sec. 1, p. 788.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 [61] - COMPLIANCE WITH IMMIGRATION LAW › Section 19-6102 - LOCAL GOVERNMENT POLICY REGARDING IMMIGRATION ENFORCEMENT.

19-6002 [19-6102]. LOCAL GOVERNMENT POLICY REGARDING IMMIGRATION ENFORCEMENT. (1) A governmental entity shall not adopt, enforce, or endorse a policy under which the entity prohibits or discourages the enforcement of immigration laws.
(2) In compliance with subsection (1) of this section, a governmental entity shall not prohibit or discourage a person who is a commissioned peace officer, a corrections officer, a booking clerk, a magistrate, or a prosecuting attorney, and who is employed by or otherwise under the direction or control of the entity, from doing any of the following:
(a) Inquiring into the immigration status of a person under a lawful detention or under arrest;
(b) With respect to information relating to the immigration status, lawful or unlawful, of any person under a lawful detention or under arrest:
(i) Sending the information to, or requesting or receiving the information from, United States citizenship and immigration services or United States immigration and customs enforcement, including information regarding a person’s place of birth;
(ii) Maintaining the information; or
(iii) Exchanging the information with another governmental entity, including a federal or state governmental entity;
(c) Assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance; or
(d) Permitting a federal immigration officer to enter and conduct enforcement activities at a municipal or county jail to enforce federal immigration laws.
History:
[19-6002 [19-6102], added 2023, ch. 263, sec. 1, p. 788.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 [61] - COMPLIANCE WITH IMMIGRATION LAW › Section 19-6103 - COMPLAINT — EQUITABLE RELIEF.

19-6003 [19-6103]. COMPLAINT — EQUITABLE RELIEF. (1) Any person, including the federal government, may file a complaint with the attorney general if the person offers evidence to support an allegation that a governmental entity has adopted, enforced, or endorsed a policy under which the entity prohibits or discourages the enforcement of immigration laws or that the entity, by consistent actions, prohibits or discourages the enforcement of those laws. The person must include with the complaint the evidence the person has that supports the complaint.
(2) If the attorney general determines that a complaint filed under subsection (1) of this section against a governmental entity is valid, the attorney general may file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Ada county, or in a county in which the principal office of the entity is located, to compel the entity that adopts, enforces, or endorses a policy under which the governmental entity prohibits or discourages the enforcement of immigration laws or that, by consistent actions, prohibits or discourages the enforcement of those laws to comply with section 19-6002 [19-6102], Idaho Code. The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition costs.
History:
[19-6003 [19-6103], added 2023, ch. 263, sec. 1, p. 789.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 [62] - ADDRESS CONFIDENTIALITY FOR JUDICIAL OFFICERS › Section 19-6201 - DEFINITIONS.

19-6001 [19-6201]. DEFINITIONS. As used in this chapter:
(1) "Alternative Idaho mailing address" means the address of a judicial officer’s chambers.
(2) "Application" means a written form prescribed and made available by the Idaho supreme court. Such application shall contain, at a minimum, all of the following:
(a) A sworn statement by the judicial officer’s employing entity that the applicant is in fact a judicial officer as defined in subsection (4) of this section;
(b) A sworn statement by the judicial officer that names such officer’s residing household members, if any, as defined in subsection (6) of this section;
(c) The alternative Idaho mailing address as defined in subsection (1) of this section, and the telephone number or numbers where the judicial officer and such officer’s residing household members can be contacted by the public agency; and
(d) A sworn statement by the judicial officer that such officer knowingly and voluntarily designates his employing entity as agent for purposes of service of process and receipt of first class, certified, or registered mail.
(3) "Custodian" is as defined in section 74-101, Idaho Code.
(4) "Judicial officer" means a justice, judge, or magistrate judge with chambers in the state of Idaho.
(5) "Public agency" is as defined in section 74-101, Idaho Code.
(6) "Residing household member" means a judicial officer’s spouse and any child or children who currently reside at the same residential street address as such officer.
History:
[19-6001 [19-6201], added 2023, ch. 179, sec. 1, p. 482.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 [62] - ADDRESS CONFIDENTIALITY FOR JUDICIAL OFFICERS › Section 19-6202 - DISCLOSURE OF RESIDENTIAL STREET ADDRESS AND TELEPHONE NUMBER PROHIBITED — EXCEPTIONS.

19-6002 [19-6202]. DISCLOSURE OF RESIDENTIAL STREET ADDRESS AND TELEPHONE NUMBER PROHIBITED — EXCEPTIONS. Notwithstanding any other provision of state law, a public agency shall not disclose to any person or entity the Idaho residential street address and telephone number of a judicial officer and such officer’s residing household members upon submission of an application and fee consistent with the provisions of section 19-6003 [19-6203], Idaho Code, except under any of the following circumstances:
(1) If directed by a court order, to a person identified in the court order;
(2) If requested by a law enforcement agency, to the law enforcement agency;
(3) If requested by a financial institution or title company for business purposes, to the requesting financial institution or title company; or
(4) If the judicial officer provides written permission for disclosure of such information.
History:
[19-6002 [19-6202], added 2023, ch. 179, sec. 1, p. 483.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 [62] - ADDRESS CONFIDENTIALITY FOR JUDICIAL OFFICERS › Section 19-6203 - ADDRESS CONFIDENTIALITY — ELIGIBILITY.

19-6003 [19-6203]. ADDRESS CONFIDENTIALITY — ELIGIBILITY. (1) Judicial officers desiring that their Idaho residential street address and telephone number and the Idaho residential street address and telephone number of their residing household members be exempt from disclosure pursuant to this chapter and sections 34-704(4) and 74-106(30), Idaho Code, may submit an application and a fee, if any, to the custodian of the public record that contains such information. Upon receipt of such application and fee, the public agency shall comply with the provisions of this chapter for a period of four (4) years. Thereafter, judicial officers may renew the exemption by submitting a new application and fee, if any. The public agency may establish a fee schedule not to exceed the actual cost to the agency of complying with the provisions of this chapter.
(2) Judicial officers may submit an application to a public agency requesting that the public agency use an alternative Idaho mailing address rather than the Idaho residential street address of any such officer and of any such officer’s residing household members on all applications and on all identification cards, licenses, certificates, permits, tags, and other similar documents that are issued to the officer or to such officer’s residing household members by the public agency. A public agency receiving such application shall comply with the request.
(3) A person shall cease to be eligible for an exemption under this chapter if such person ceases to be a judicial officer or a residing household member. Within thirty (30) days of such cessation, the person shall notify, in writing, every public agency to which the person has made an application stating that he is no longer eligible for such exemption. If a judicial officer changes employment but is still eligible for an exemption under this chapter, such judicial officer shall, within thirty (30) days of changing employment, submit a new application to every public agency to which such officer has made an application.
(4) Nothing in this chapter shall prevent a public agency from obtaining the Idaho residential street address and telephone number of a judicial officer and of any residing household member. A judicial officer who has submitted an application pursuant to the provisions of this chapter shall provide his current Idaho residential street address to his employing entity. The judicial officer’s employing entity, or any public agency that has obtained the Idaho residential street address of a judicial officer, shall upon request identify the county in which the judicial officer’s Idaho residential street address is situated.
History:
[19-6003 [19-6203], added 2023, ch. 179, sec. 1, p. 483.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 60 [62] - ADDRESS CONFIDENTIALITY FOR JUDICIAL OFFICERS › Section 19-6204 - IMMUNITY FROM LIABILITY.

19-6004 [19-6204]. IMMUNITY FROM LIABILITY. Neither a public agency nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this chapter.
History:
[19-6004 [19-6204], added 2023, ch. 179, sec. 1, p. 484.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-101 - ESTABLISHMENT AND USE OF PENITENTIARY AND REHABILITATION CENTERS.

20-101. ESTABLISHMENT AND USE OF PENITENTIARY AND REHABILITATION CENTERS. There shall be continually maintained for the care and custody of prisoners in Idaho, correctional facilities, and state rehabilitation centers, for use by the state board of correction located in the county of Ada and at such other places in the state of Idaho as may be determined by the board of correction; provided however that no facility may be acquired except as provided by law. All offenders convicted and sentenced according to law to imprisonment in the state prison, shall be committed to the custody of the state board of correction. All persons convicted of crimes against the laws of this state, and sentenced to confinement in the state prison shall be committed to the custody of the state board of correction, and must, during the term of their confinement, perform such labor under such rules and regulations as may be prescribed by the state board of correction.
History:
[(20-101) Part of R.S., sec. 8500 and 1890-1891, p. 21, sec. 1; reen. 1899, p. 13, sec. 1; compiled R.C. & C.L., sec. 8460; C.S., sec. 9355; I.C.A., sec. 20-101; am. 1970, ch. 143, sec. 5, p. 425; am. 1971, ch. 331, sec. 1, p. 1299.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-101A - GOOD CONDUCT REDUCTION OF SENTENCES.

20-101A. GOOD CONDUCT REDUCTION OF SENTENCES. Each person convicted of an offense against the state, which was committed prior to July 1, 1986, and confined in a penal or correctional institution for a definite term other than for life, whose record of conduct shows that he has faithfully observed all the rules and has not been subject to punishment, is entitled to a deduction from the term of his sentence beginning with the day on which the sentence starts to run as follows:
(1) Five (5) days for each month, if the sentence is not less than six (6) months and not more than one (1) year.
(2) Six (6) days for each month, if the sentence is more than one (1) year and less than three (3) years.
(3) Seven (7) days for each month, if the sentence is not less than three (3) years and less than five (5) years.
(4) Eight (8) days for each month if the sentence is not less than five (5) years and less than ten (10) years.
(5) Ten (10) days for each month, if the sentence is ten (10) years or more.
When two (2) or more consecutive sentences are served, the basis upon which the deduction is computed is the aggregate of several sentences.
In addition, those inmates doing an outstanding job, may be awarded industrial or meritorious goodtime under rules adopted by the state board of correction, not to exceed five (5) days per month.
Inmates performing exceptionally meritorious or outstanding services under rules adopted by the state board of correction may be awarded a lump sum of goodtime. The number of days awarded may not exceed the regulatory maximum.
History:
[I.C., sec. 20-101A, as added by 1971, ch. 96, sec. 1, p. 208; am. 1972, ch. 30, sec. 1, p. 44; am. 1986, ch. 322, sec. 1, p. 789.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-101B - FORFEITURE OF GOOD CONDUCT REDUCTION.

20-101B. FORFEITURE OF GOOD CONDUCT REDUCTION. Inmates who fail to observe faithfully the rules of the institution may have goodtime withheld or forfeited under rules adopted by the state board of correction.
Forfeited or withheld goodtime may only be restored by the board of correction or its authorized agent.
Such revocation or forfeiture shall not be made except upon a hearing upon the question of the infraction of the rules charged to such convicted person before the state board of correction or its authorized agent.
History:
[I.C., sec. 20-101B, as added by 1971, ch. 96, sec. 2, p. 208; am. 1976, ch. 32, sec. 1, p. 69.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-101D - MERITORIOUS REDUCTION OF SENTENCE.

20-101D. MERITORIOUS REDUCTION OF SENTENCE. (1) Each person convicted of an offense against the state committed on or after July 1, 1986, sentenced and confined in a state correctional facility for any term other than life, may be awarded a meritorious conduct reduction of their sentence by the director of the department of correction. Meritorious conduct reduction of the sentence may be awarded when an inmate completes an extraordinary act of heroism at the risk of his own life or for outstanding service to the state of Idaho which results in the saving of lives, prevention of destruction or major property loss during a riot, or the prevention of an escape from a correctional facility. The award of a meritorious conduct reduction may be given under rules adopted by the Idaho board of correction. The number of days awarded may not exceed fifteen (15) days for each month sentenced.
(2) For each inmate sentenced for a crime committed on or after July 1, 1986, the director of the department of correction may withdraw a meritorious conduct reduction awarded pursuant to subsection (1) of this section according to rules of the board of correction.
History:
[20-101D, added 1986, ch. 322, sec. 2, p. 790.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-102 - PENITENTIARY PERMANENT ENDOWMENT FUND.

20-102. PENITENTIARY PERMANENT ENDOWMENT FUND. (1) There is established in the state treasury the penitentiary permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:
(a) Proceeds of the sale of lands granted to the state of Idaho by the United States government in the Idaho Admission Bill, 26 Stat. L. 215, ch. 656, known as penitentiary endowment lands, and lands granted in lieu thereof;
(b) Proceeds of royalties arising from the extraction of minerals on penitentiary endowment lands owned by the state; and
(c) Moneys allocated from the penitentiary earnings reserve fund.
(2) Proceeds from the sale of penitentiary endowment lands may first be deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of the beneficiaries of the penitentiary endowment. If the land sale proceeds are not used to acquire other lands in accordance with section 58-133, Idaho Code, the land sale proceeds shall be deposited into the penitentiary permanent endowment fund along with any earnings on the proceeds.
(3) Earnings from the investment of the penitentiary permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.
History:
[20-102 added 1998, ch. 256, sec. 2, p. 827.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-102A - PENITENTIARY EARNINGS RESERVE FUND.

20-102A. PENITENTIARY EARNINGS RESERVE FUND. (1) There is established in the state treasury the penitentiary earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund shall consist of the following:
(a) All earnings of the penitentiary permanent endowment fund;
(b) Proceeds of the sale of timber growing upon penitentiary endowment lands;
(c) Proceeds of leases of penitentiary endowment lands;
(d) Proceeds of interest charged upon deferred payments on penitentiary endowment lands or timber on those lands; and
(e) All other proceeds received from the use of penitentiary endowment lands and not otherwise designated for deposit in the penitentiary permanent endowment fund.
(2) Moneys shall be distributed out of the penitentiary earnings reserve fund only to support the beneficiaries of the penitentiary endowment, including distributions by the state board of land commissioners to the penitentiary permanent endowment fund and the penitentiary income fund; provided, that funds shall not be appropriated by the legislature from the penitentiary earnings reserve fund except to pay for administrative costs incurred managing the assets of the penitentiary endowment including, but not limited to, real property and monetary assets.
History:
[20-102A, added 1998, ch. 256, sec. 3, p. 828.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-103 - PENITENTIARY INCOME FUND.

20-103. PENITENTIARY INCOME FUND. There is established in the state treasury the penitentiary income fund. The fund shall consist of all moneys distributed from the penitentiary earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the penitentiary income fund shall be used to benefit the beneficiaries of the penitentiary endowment and distributed to current beneficiaries of the penitentiary endowment pursuant to legislative appropriation.
History:
[20-103 added 1998, ch. 256, sec. 5, p. 829.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 1 - STATE PENITENTIARY › Section 20-111 - PRISONERS IN STATE PENITENTIARY — JUSTIFIABLE KILLING OR WOUNDING.

20-111. PRISONERS IN STATE PENITENTIARY — JUSTIFIABLE KILLING OR WOUNDING. If any prisoner threatens personal injury to any officer, keeper or guard of the state penitentiary or other place maintained by the state board of correction, or acts in such manner as may reasonably lead the officer, keeper or guard to believe his life or the life of any prisoner is in danger, or which leads the officer, keeper or guard, to believe the prisoner is attempting escape, then such officer, keeper or guard, may proceed forthwith to use any weapon he may have to enforce obedience, and if in so doing any prisoner shall be necessarily wounded or killed, the officer, keeper or guard is justified and shall be held guiltless. For purposes of this section, a facility operated by a private prison contractor and housing prisoners pursuant to a contract between the contractor and the state board of correction, as set forth in section 20-241A, Idaho Code, shall be deemed to be maintained by or under the control of the state board of correction.
History:
[20-111, added 1949, ch. 143, sec. 1, p. 251; am. 2010, ch. 351, sec. 1, p. 915.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-201 - DEPARTMENT OF CORRECTION CREATED.

20-201. DEPARTMENT OF CORRECTION CREATED. There is hereby created the department of correction, which shall consist of the state board of correction and the Idaho commission of pardons and parole. The department of correction shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of state government. The Idaho commission of pardons and parole will operate and function as outlined in chapter 10, title 20, Idaho Code, and as otherwise provided by law.
History:
[20-201, added 1999, ch. 311, sec. 4, p. 777; am. 2021, ch. 196, sec. 1, p. 525.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-201A - BOARD CREATED — APPOINTMENT — NONPARTISAN — TERMS — VACANCIES — DELEGATION OF AUTHORITY.

20-201A. BOARD CREATED — APPOINTMENT — NONPARTISAN — TERMS — VACANCIES — DELEGATION OF AUTHORITY. (1) There is hereby created a nonpartisan board of three (3) members to be known as the state board of correction, referred to in this chapter as the board, appointed by the governor to exercise the duties imposed by law. The board shall be the constitutional board of correction prescribed by section 5, article X, of the constitution of the state of Idaho. Not more than two (2) members shall belong to the same political party. Any person appointed a member of the board shall hold office for six (6) years. Vacancies in the membership of the board shall be filled in the same manner in which the original appointments are made.
(2) The board may transfer to the commission of pardons and parole any and all authority and power as it deems necessary to fulfill the duties, responsibilities and intent of this chapter and the other duties imposed upon it by law.
History:
[(20-201A), added 1969, ch. 97, sec. 2, p. 329; am. 1974, ch. 6, sec. 1, p. 28; am. and redesig. 1999, ch. 311, sec. 5, p. 777.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-202 - INTERIM APPOINTMENTS — CHAIRMAN.

20-202. INTERIM APPOINTMENTS — CHAIRMAN. In the event of death, removal or resignation of any member of the board, the governor shall appoint some competent person to serve during the unexpired term. The governor shall designate one (1) member of the board to serve as chairman.
History:
[20-202, added 1947, ch. 53, sec. 2, p. 59; am. 1998, ch. 270, sec. 1, p. 899.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-203 - REMOVAL OF MEMBERS — GROUNDS — HEARING AND PROCEEDINGS.

20-203. REMOVAL OF MEMBERS — GROUNDS — HEARING AND PROCEEDINGS. The governor may not remove any member of the board except for disability, inefficiency, neglect of duty or malfeasance in office. Before such removal the governor shall give such member a written copy of the charges against him and shall fix the time when he can be heard in his defense which shall not be less than ten (10) days thereafter. If such member shall be removed, the governor shall file, in the office of the secretary of state, a complete statement of all charges made against such member and his findings thereon, with a record of the proceedings.
History:
[20-203, added 1947, ch. 53, sec. 3, p. 59.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-204 - POLITICAL ACTIVITY OF BOARD MEMBERS OR EMPLOYEES RESTRICTED.

20-204. POLITICAL ACTIVITY OF BOARD MEMBERS OR EMPLOYEES RESTRICTED. The members of the board of correction and its officers and employees shall not, at the time of appointment nor during their incumbency of office, serve as the representative, officer, or employee of any political party.
History:
[20-204, added 1947, ch. 53, sec. 4, p. 59.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-205 - QUALIFICATIONS OF BOARD OR BOARD MEMBERS.

20-205. QUALIFICATIONS OF BOARD OR BOARD MEMBERS. In the selection of members of the original board, and thereafter as vacancies occur in the appointment of successor member, the governor so appointing shall, so far as same is possible, select the members on the basis of their general background in business and administration.
History:
[20-205, added 1947, ch. 53, sec. 5, p. 59; am. 1969, ch. 419, sec. 1, p. 1160.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-206 - ORGANIZATION OF BOARD — ELECTION OF VICE-CHAIRMAN AND SECRETARY, TERMS.

20-206. ORGANIZATION OF BOARD — ELECTION OF VICE-CHAIRMAN AND SECRETARY, TERMS. At the first meeting after they have qualified for office, the board shall proceed to organize by the election of one (1) of their members as a vice-chairman and the other as secretary. Such officers shall serve during the succeeding biennium.
History:
[20-206, added 1947, ch. 53, sec. 6, p. 59.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-207 - OFFICE OF BOARD AT PENITENTIARY — MEETINGS — QUORUM — MAJORITY VOTE.

20-207. OFFICE OF BOARD AT PENITENTIARY — MEETINGS — QUORUM — MAJORITY VOTE. The state board of correction shall maintain an office at the penitentiary and shall meet at such times and places as may be necessary for the conduct of its business. Meetings may be held at the call of the chairman or a majority of the board but in no event shall they meet less than quarterly. A majority of the board shall constitute a quorum for the transaction of business and no order of the board shall be valid unless concurred in by at least two (2) of its members.
History:
[20-207, added 1947, ch. 53, sec. 7, p. 59; am. 1969, ch. 97, sec. 3, p. 329.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-208 - SALARIES AND EXPENSES OF BOARD MEMBERS.

20-208. SALARIES AND EXPENSES OF BOARD MEMBERS. Each member of the state board of correction shall be compensated as provided by section 59-509(q), Idaho Code.
History:
[20-208, added 1947, ch. 53, sec. 8, p. 59; am. 1951, ch. 217, sec. 1, p. 448; am. 1969, ch. 97, sec. 4, p. 329; am. 1980, ch. 247, sec. 5, p. 586; am. 2008, ch. 80, sec. 1, p. 208.]
2023 Idaho Code › Title 20 - STATE PRISON AND COUNTY JAILS › Chapter 2 - STATE BOARD OF CORRECTION › Section 20-209A - COMPUTATION OF TERM.

20-209A. COMPUTATION OF TERM. When a person is sentenced to the custody of the board of correction, his term of confinement begins from the day of his sentence. The time during which the person is voluntarily absent from the penitentiary, jail, facility under the control of the board of correction, or from the custody of an officer after his sentence, shall not be estimated or counted as a part of the term for which he was sentenced.
History:
[20-209A, added 1970, ch. 143, sec. 7, p. 425; am. 2015, ch. 99, sec. 3, p. 240.]