reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter C - RULES FOR REINTEGRATION PROVIDERS › Section 05.02.01.316 - PRIVACY OF MEDICAL RECORDS AND INFORMATION

Current through August 31, 2023
To the extent the Provider has medical information, confidentiality of personal health information of each juvenile offender must be maintained in accordance with the Privacy Regulations promulgated under HIPAA or, if more stringent, the laws of the applicable state. Compliance with these regulations is the responsibility of the Provider. Staff may be provided information about a juvenile offender's medical condition only when that knowledge is necessary for the performance of their job duties. (3-31-22)
01.
Privacy Officer
. The Provider must appoint a privacy officer to oversee that the control and maintenance of all juvenile offender health and medical records is in compliance with the federal Privacy Regulations, 45 Code of Federal Regulations Sections  160  and  164. (3-31-22)
02.
Separate Records
. All juvenile offender medical and health records must be kept in files that are physically separated from other juvenile offender files and information, and under a system of security against unauthorized access. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter C - RULES FOR REINTEGRATION PROVIDERS › Section 05.02.01.317 - NOTIFICATION OF CRITICAL HEALTH INCIDENTS

Current through August 31, 2023
The Provider must immediately report critical medical and mental health incidents according to Subchapter A of these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter C - RULES FOR REINTEGRATION PROVIDERS › Section 05.02.01.318 - INFECTIOUS DISEASES

Current through August 31, 2023
01.
Policies
. The Provider must establish policies and procedures for serving juvenile offenders with infectious diseases such as tuberculosis, hepatitis, and HIV or AIDS. These policies and procedures should address the management of infectious diseases, provide an orientation for new staff and juvenile offenders concerning the diseases, and ongoing education for staff and juvenile offenders regarding these diseases. Policies and procedures should be updated as new information becomes available. Individual health information or counseling will be made available by a medical health professional for juvenile offenders diagnosed with an infectious disease. (3-31-22)
02.
HIV Testing
. In accordance with law, a juvenile offender over age fourteen (14) may request that he be tested for the presence of HIV. Any such juvenile offender requesting to be tested should be taken to a public health facility or, if available, a facility which accepts Medicaid reimbursement for administration of the test. (3-31-22)
03.
Examinations
. Examinations must be performed by medical professionals on any juvenile offender for all symptomatic cases of communicable diseases such as tuberculosis, ova and parasites, infectious hepatitis, and sexually transmitted diseases. Juvenile offenders will be tested and, if indicated, treated. (3-31-22)
04.
Notifications
. The Provider must notify the Department's regional R.N. within three (3) business days of any positive test results, treatment recommendations, and follow up care. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter C - RULES FOR REINTEGRATION PROVIDERS › Section 05.02.01.319 - PREGNANCY

Current through August 31, 2023
01.
Individual Medical Plan
. Within the individual medical plan, specific goals and objectives will be developed when a pregnancy has been diagnosed. The plan must be based on the orders of the juvenile offender's licensed healthcare provider and include special care, location for delivery, a plan for infant care upon delivery, regular medical check-ups, and special dietary and recreational needs. At no time may the infant remain in the Provider's facility. A copy of the individual medical plan will be sent to the Department's regional R.N. (3-31-22)
02.
Parenting Classes
. Parenting classes must be an integral part of the individual medical plan for all pregnant female juvenile offenders. This service should also be offered as a priority to male juvenile offenders in Department custody who are already fathers or whose spouse or girlfriend is expecting a child. (3-31-22)
03.
Medicaid Reimbursement
. Medical services relating to pregnancy must be provided by a licensed healthcare provider and facility accepting Medicaid reimbursement, unless medical expenses are paid by the juvenile offender's family. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter C - RULES FOR REINTEGRATION PROVIDERS › Section 05.02.01.320 - REFUSAL OF TREATMENT

Current through August 31, 2023
Refusal of medications or treatment recommended by a physician for three (3) consecutive days requires immediate notification to the Department's regional R.N. according to Subchapter A of these rules. (3-31-22)
01.
Refusal of Recommended Treatment by Physician
. If a juvenile offender chooses to refuse treatment or medication recommended by a physician, the juvenile offender must sign a detailed statement refusing this care. A Provider staff member must witness the juvenile offender's signature. This refusal form will be filed in the juvenile offender's medical record and a copy sent to the Department's regional R.N. within twenty-four (24) hours. (3-31-22)
02.
Where Refusal Poses Significant Risk
. If a juvenile offender refuses a treatment or medication for a condition that poses a significant risk of death or permanent physical impairment, the Provider must ensure the juvenile receives immediate medical attention. The Provider will notify the Department's regional R.N. by phone as soon as possible. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter C - RULES FOR REINTEGRATION PROVIDERS › Section 05.02.01.321 - USE OF MEDICATIONS

Current through August 31, 2023
The Provider must have written policies and procedures governing the use and administration of medication to juvenile offenders that conform to all applicable laws and regulations including, but not limited to, those of the Idaho Department of Health and Welfare or the applicable state's licensing authority. (3-31-22)
01.
Medication Management Upon Arrival
. If the juvenile offender is taking medication, the Provider must schedule an initial medication management appointment for the juvenile offender within five (5) business days of arrival into the program. (3-31-22)
02.
Notification
. If initiating or modifying any medication, the Department's regional R.N. must be notified of the following: (3-31-22)
a. The name of the prescribed medication; (3-31-22)
b. The name and phone number of the prescribing doctor, nurse practitioner, or physician's assistant; and (3-31-22)
c. The reason the medication is being prescribed. (3-31-22)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Section 06.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules implement and enforce the following sections of
				Idaho Code: 74-105, 74-119, 20-101D, 20-209, 20-212, 20-244, and 20-408.
				(7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Section 06.01.01.001 - SCOPE

Current through August 31, 2023
These rules govern the duties and responsibilities delegated to
				the Board by law which affect a right of the public or a process to which the
				public has access. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Section 06.01.01.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Pursuant to Section
				20-212(1), Idaho
				Code, the Board is exempt from all provisions of Chapter 52, Title 67, Idaho
				Code, except as specifically noted therein so there is no provision for
				administrative appeal. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Section 06.01.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Archival Research
. Research
			 requiring access to stored historical data, files, documentation, video or
			 audio tapes, electronically sorted data, or written material.
			 (7-1-21)
02.
Attorney of
			 Record
. An attorney appointed by a court or retained by an inmate in a
			 legal action. (7-1-21)
03.
Board
. The State Board of Correction. (7-1-21)
04.
Chief
. The exempt employee
			 in authority over a division of the Department. Chief is commonly referred to
			 as the division chief. (7-1-21)
05.
Contact Visiting
. Visiting where no physical partition, such as a
			 window or wall, separates the visitor and the offender. Physical touch may be
			 allowed. (7-1-21)
06.
Contraband
. Any thing, of any kind, that is prohibited by Board,
			 Department, or facility rules, policies, directives, or standard operating
			 procedures. Contraband also includes any thing, of any kind, that a facility
			 head has not approved: (7-1-21)
a. For
			 possession by an offender; or (7-1-21)
b. To bring into a facility or onto
			 Department property. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.013 - DEPARTMENT FEE STRUCTURE

Current through August 31, 2023
In order to help the Department defray the cost of various
				  services provided to offenders, the Department may charge fees set in statute
				  and the following fees, which are set in Department standard operating
				  procedure. (7-1-21)
01.
Hobby
				Craft Surcharge
. The Department may charge offenders who participate in
				facility hobby craft activities a surcharge to offset the cost of hobby craft
				supplies and items that are used by participants, such as hobby shop tools.
				(7-1-21)
02.
Photo Copying
				Fee
. The Department may charge offenders a fee for photocopying court
				documents relating to qualified legal claims or other documents as authorized
				by the Department. Offenders have access to courts regardless of their
				inability to pay for photocopies related to qualified legal claims.
				(7-1-21)
03.
Medical Co-Pay
				Fee
. In order to offset the costs associated with healthcare services,
				the Department may charge offenders a fee for healthcare services. The IDOC
				and/or contract medical provider shall not deny an offender access to
				healthcare services based on the offender's inability to pay.
				(7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.104 - TOBACCO FREE ENVIRONMENT

Current through August 31, 2023
Department Property shall be tobacco free. No person may use
				  tobacco products on or in Department Property, to include vehicles, except in
				  designated areas. Tobacco products are not allowed in any Department
				  correctional facility or CRC and must be kept in a securely locked vehicle.
				  (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.105 - VICTIM NOTIFICATIONS

Current through August 31, 2023
Upon receipt of a victim request for notification made
				  pursuant to Section
				  19-5306(2), Idaho
				  Code, the Department shall make reasonable efforts to notify the victim when
				  the offender who is the subject of the request escapes or is released from the
				  custody of the Board other than by the Parole Commission or a court order.
				  (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.106 - SERVICE OF PROCESS ON DEPARTMENT EMPLOYEES

Current through August 31, 2023
The Board authorizes and directs that all service of summons,
				  complaints, and subpoenas against or upon the Board, the Department, or any
				  employee of the Department for or related to a cause of action arising out of
				  or related to the scope and course of the actions, duties, or employment of the
				  Board, the Department, or any employee of the Department shall be made upon the
				  deputy attorneys general assigned to the Department in the manner and form
				  prescribed by state and federal rules of procedure. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.108 - IDAHO PUBLIC RECORDS ACT

Current through August 31, 2023
01.
Intent of
				the Board
. It is the intent of the Board that the records of the
				Department be open to the public for inspection and copying at all reasonable
				times, unless the records or information contained therein is specifically
				exempt from disclosure by state or federal statute or court rule. The Board
				shall implement the exemptions for Department records as set forth in the Idaho
				Public Records Act. (7-1-21)
02.
Public Records Requests
. All requests for records of the
				Department must be submitted in writing to the Transparency Manager at Central
				Office through the online portal located on the Department's website or by
				mail. (7-1-21)
03.
Custodian
				of Records
. Certain Department employees are designated as official
				custodians of Department records who may delegate custodian duties and
				responsibilities to more efficiently process public records requests. For
				purposes of this section, official custodians for records of the Department
				are: (7-1-21)
a. The director;
				(7-1-21)
b. The public information
				officer; (7-1-21)
c. The central
				records manager; (7-1-21)
d. The
				chiefs of the divisions; and (7-1-21)
e. The facility heads.
				(7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.110 - MEDIA AND PUBLIC RELATIONS

Current through August 31, 2023
Requests for an interview with an offender will be referred
				  to the public information officer. The offender will be informed of the request
				  for interview and the nature of the interviewer's interest. The offender may
				  accept, decline or modify the request for interview. Interviews with an
				  offender will be subject to approval of the Director. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.114 - TRUST ACCOUNTS

Current through August 31, 2023
01.
Account
				Established in Inmate Name
. The Department will maintain guidelines for
				the withdrawal of funds by the inmate or to satisfy their financial
				obligations. (7-1-21)
02.
Employers of Reentry Center Inmates
. Any person employing an
				inmate housed in a community reentry center shall send the inmate's pay
				directly to the Department for deposit in the inmate's trust account.
				(7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.116 - CUSTODY OF EVIDENCE

Current through August 31, 2023
All evidence confiscated from Department employees,
				  offenders, contractors, or witnesses, that is or may be utilized in
				  administrative investigations and inquiries, probation or parole revocation
				  hearings, or criminal proceedings, shall be maintained in a safe and secure
				  manner until completion of the investigation, inquiry, or proceeding. A member
				  of the public claiming an interest in an item of evidence may file a written
				  request for its return with the Department or law enforcement agency having
				  jurisdiction. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.134 - RESEARCH REQUESTS

Current through August 31, 2023
The Board may allow access to records, employees and
				  offenders in the custody of the Board for purposes of appropriate and ethical
				  research relevant to the Board's penological interests. (7-1-21)
01.
Archival Research
. Research
				that is based solely on a review or analysis of existing data will receive an
				expedited review. (7-1-21)
02.
Research Conducted with Human Subjects
. Research conducted on
				offenders or employees, or both, may be conducted by professional researchers,
				including private consultants and Department employees, graduate students
				supervised by graduate level professionals, or undergraduate students
				supervised by Department staff undertaking research projects implemented and
				designed by Department administrators. A consent form, signed by the offender
				or employee, will be required for all requests to conduct research with a human
				subject. (7-1-21)
03.
Required Documentation
. A written proposal; a copy of the school's
				Internal Review or Human Subject Review Board approval, if applicable; a copy
				of the consent, if applicable. Required documentation will be initially
				submitted to IDOC research unit ninety (90) days prior to the proposed research
				start date, and be reviewed by the facility head, or designee, of the site
				where the research is to take place. Once the proposal is approved by the
				Department, a memorandum of understanding between the Department and the
				researcher(s) will establish the expectations of all parties. (7-1-21)
a. The written proposal will include a
				statement of the significance of the study, a research hypothesis or problem
				statement, an estimate of the time parameter for the project's completion, and
				a clear statement of the research methodology, a definition of the population,
				the sample selection, the design, ethical procedures, a discussion on
				dissemination of written research reports and legal parameters.
				(7-1-21)
b. Department employees
				conducting research at the request of the Department and professional
				researchers retained by the Department may be exempt from the requirement to
				submit a written research proposal. Department employees who wish to conduct
				research not requested by the Department must submit the required documentation
				noted in Subsection 134.03.
				(7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.135 - EXECUTIONS

Current through August 31, 2023
01.
Personnel Assigned to
				Execution
. Idaho Maximum Security Institution (IMSI) personnel and the
				Department's administrative team will carry out the execution warrant. The IMSI
				facility head (or designee) shall be the official executioner.
				(7-1-21)
02.
Method of
				Execution
. Execution of the sentence of death shall be by lethal
				injection. (7-1-21)
03.
News
				Media Coordination
. Department personnel will coordinate news media
				activity and provide logistics and communications support. A news media center
				shall be established. The pre-execution briefing will be delivered in the news
				media center. The post-execution briefing will occur in the news media center.
				News media witnesses will be chosen pursuant to Department procedure. The
				director or designee will designate a public information officer to respond to
				execution-related news media requests and releases of information.
				(7-1-21)
04.
Parking and
				Demonstration Areas Provided
. Areas for public and news media parking
				will be provided and maintained in a secure manner. Areas for public gathering
				and demonstration of support or opposition to the death penalty will be
				provided and maintained in a secure manner. (7-1-21)
05.
Disclosure
. (7-1-21)
a. Disclosure. The director shall determine
				and prepare written procedures, to be reviewed by the Board, to be used in any
				execution. At a minimum the procedures must address the substance or substances
				approved to be used, the process to test the composition of the substance or
				substances to be used, protocols and procedures related to the preparation and
				administration of the substance or substances to be used, staff, contractor and
				volunteer training, and qualifications of contractors or volunteers providing
				medical services. Except as provided by section
				74-105(4), Idaho
				Code, and herein, these procedures shall be made available to the public upon
				request. (7-1-21)
b.
				Non-Disclosure. The Department will not disclose under any circumstance
				information wherein the director determines disclosure of such information
				could jeopardize the Department's ability to carry out an execution, including,
				but not limited to the following: (7-1-21)
i.
				The identity of the on-site physician; (7-1-21)
ii. The identity of staff, contractors,
				consultants, or volunteers serving on escort or medical teams;
				(7-1-21)
iii. Information that
				identifies or could lead to the identification of any pharmacy, prescriber,
				manufacturer, compounder, or other entity that supplies or has supplied any
				chemicals or substances to the Department of Correction or any entity that
				provides or has provided medical supplies or services to the Department of
				Correction. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.136 - MERITORIOUS REDUCTION OF SENTENCE

Current through August 31, 2023
Pursuant to Section
				  20-101D, Idaho Code, the Director
				  may withdraw an award of meritorious conduct reduction at their discretion
				  based on serious misconduct, escape, or commission of a new crime. An offender
				  shall be entitled to a hearing prior to any withdrawal of an award of
				  meritorious conduct reduction. Nothing herein shall create any right or
				  entitlement to receive a meritorious conduct reduction of sentence.
				  (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.145 - SUBPOENAS

Current through August 31, 2023
The Department shall conduct thorough and appropriate
				  investigations and absconder apprehensions, in part, by requesting, reviewing,
				  processing, and issuing subpoenas consistent with Sections 20-209G and 20-228A,
				  Idaho Code. (7-1-21)
01.
Service
				of Subpoenas
. SIU is responsible for serving all subpoenas. The
				investigator will personally serve the administrative subpoena at the principal
				place of business or residence of the person being served. A duplicate original
				(i.e., a second copy with original signatures) shall be left with the business
				or person being served. (7-1-21)
02.
Timelines for the Production of
				Documents
. The business or person on whom the service was successfully
				executed, must be allowed at least seven (7) calendar days to produce the
				documents requested in the administrative subpoena. (7-1-21)
03.
Reimbursement
. Generally,
				subpoenaed businesses or persons are entitled to reimbursement of reasonable
				costs associated with searching for, assembling, and copying subpoenaed
				documents pursuant to Idaho Rules of Civil Procedure, Rule
				35. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.302 - COUNTY FACILITIES

Current through August 31, 2023
The Department shall not make payment for offenders held on
				  pending charges, offenders temporarily returned to the jail by order of the
				  court, and those otherwise held under court-ordered jurisdiction.
				  (7-1-21)
01.
Transport
.
				(7-1-21)
a. If a sheriff moves an offender
				committed to the custody of the Board to the jail of another county, the
				sheriff must immediately notify the Department. The sheriff shall not transfer
				an offender committed to the custody of the Board to jail located in another
				state without the approval of the director or designee. (7-1-21)
b. The sheriff shall transport individuals to
				and from a Department facility and the county jail when a court appearance is
				ordered. Other transport arrangements may be made between the Department and
				the sheriff. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.311 - INMATE MARRIAGES

Current through August 31, 2023
Section
				  32-201, Idaho Code, requires that
				  all marriages in Idaho be accomplished with a license and by solemnization. A
				  person desiring to marry an inmate shall make application for marriage to the
				  facility head of the facility where the inmate is held in custody. The facility
				  head shall have discretion to allow a solemnization ceremony to be conducted
				  within the facility between a member of the public and an inmate if in the
				  opinion of the facility head doing so will not be contrary to penological
				  interests. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.401 - MEDICAL CARE

Current through August 31, 2023
01.
Notification of Family in Emergency
. In the event of a serious
				injury to an inmate or the hospitalization in an acute care setting of an
				inmate the facility head of the facility where the inmate was housed shall make
				reasonable efforts to notify the inmate's family, unless doing so would be
				contrary to penological interests. (7-1-21)
02.
Contracts with Hospitals
.
				The Department may enter into contracts with hospitals in the community where a
				facility is located to provide for the secure hospital care of inmates in the
				custody of the Board. (7-1-21)
03.
Children Born to Inmates
. The Board or the Department shall not be
				financially or otherwise responsible for the medical or other care of a child
				born to an offender in the custody of the Board. (7-1-21)
04.
Organ Transplant Donations by
				Inmates
. Upon the death of an inmate, organ and tissue donation may be
				allowed pursuant to the Revised Uniform Anatomical Gift Act, Title 39, Chapter
				34, Idaho Code, except that neither the Board nor the Department shall be
				authorized to consent to organ donation or tissue on behalf of a deceased
				individual. The director or designee may authorize organ and tissue donations
				by living inmates. Any such organ or tissue donation by a living inmate shall
				be subject to the requirements of Section
				20-101C, Idaho Code, and shall
				meet the following criteria: (7-1-21)
a. The
				Department, or its medical provider if privatized, shall incur no financial
				liability as a result of any proposed organ or tissue donation. All costs
				related to the proposed organ or tissue donation and transplant must be paid by
				the recipient or other source; (7-1-21)
b. The proposed transplant procedure must
				fall within acceptable community standards of medical care and established
				medical practices; (7-1-21)
c. Both
				the donor and the recipient, to the extent known, shall sign a hold harmless
				and indemnification agreement to the benefit of the Board and the Department;
				and (7-1-21)
d. The Board expressly
				prohibits organ or tissue donation from the body of an executed inmate.
				(7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.402 - CORRESPONDENCE WITH INMATES

Current through August 31, 2023
01.
Incoming
				Mail
. All incoming mail shall be opened and inspected to ensure it does
				not contain prohibited items and may be withheld from delivery to the inmate.
				Any sender of mail that violates the provisions of these rules, Department
				policies, or standard operating procedures may, at the sole discretion of the
				facility head, be restricted or prohibited from sending mail to or receiving
				mail from any inmate. (7-1-21)
02.
Legal Mail
. Legal mail is confidential communication directly
				between an inmate and an attorney for the purposes of seeking or providing
				legal services, an inmate and the court, and service documents pursuant to
				court rules. (7-1-21)
a. To be recognized and
				treated as legal mail, correspondence from a legal source must be clearly
				marked "Legal Mail" and display the name, title and address of the sender.
				(7-1-21)
b. Legal mail will be
				opened in the presence of the inmate and may be scanned to ensure that it does
				not violate the provisions of these rules, Department policies, or division
				standard operating procedures. (7-1-21)
c. Any sender of legal mail that violates the
				provisions of these rules, Department policies, or standard operating
				procedures may, at the sole discretion of the division chief, have all incoming
				and outgoing mail treated as regular mail. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.403 - INMATE RELIGIOUS PRACTICES

Current through August 31, 2023
Inmates have the opportunity to practice the tenets of their
				  respective religious faiths, including access to religious publications, to
				  representatives of their faiths, and to religious counseling, so long as those
				  religious practices do not conflict with a compelling government interest. If a
				  compelling governmental interests burdens an offender's religious practice, the
				  Department will use the least restrictive means to further that interest.
				  (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.405 - COURT PROCEEDINGS WITHIN A FACILITY

Current through August 31, 2023
The Department may make a conference or court room within a
				  facility available to a state or federal court for the purpose of holding a
				  hearing or trial upon a claim involving an offender or group of offenders when
				  doing so will not be contrary to penological interests. The facility head in
				  consultation with the court may allow members of the public who are not
				  witnesses to the proceeding into the facility to observe the proceeding when in
				  the opinion of the facility head doing so will not be contrary to penological
				  interests. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.503 - TELEPHONES

Current through August 31, 2023
Inmates are not allowed to use facility telephones except
				  upon written permission of the facility head or designee. All telephone calls
				  made from the inmate system are subject to being recorded. The facility staff
				  shall make every reasonable effort to identify and not monitor telephone calls
				  between an inmate and the inmate's attorney. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.606 - VOLUNTEER SERVICES

Current through August 31, 2023
The Department may establish a volunteer services program.
				  All volunteers are subject to a criminal background check and must be approved
				  by the appropriate authority. Orientation and training of volunteers shall
				  include completion of a Department-approved training curriculum.
				  (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.611 - BUSINESS WITH INMATES AND LABOR OF INMATES

Current through August 31, 2023
01.
Guidelines
. The Department may contract with federal, state, local
				governmental entities, and nonprofit public service organizations for public
				work projects. (7-1-21)
02.
Persons Prohibited from Contracting with Inmates
. No person may
				contract with, solicit for contract or employment or employ any inmate without
				written approval of the director or designee. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter B - IDAHO CORRECTIONAL INDUSTRIES › Section 06.01.01.700 - CONTRACTS WITH PRIVATE AGRICULTURAL EMPLOYERS

Current through August 31, 2023
Idaho Correctional Industries (ICI) will make all reasonable
				  efforts to ensure employed workers are not displaced when entering into a
				  contract with a private agricultural employer for the use of trainees.
				  (7-1-21)
01.
Wage
				Determination
. On an annual basis, ICI will request a prevailing wage
				determination letter from the Idaho Department of Labor for the prevailing wage
				of the region for Standard Occupational Classification codes related to the
				agricultural work to be performed. (7-1-21)
02.
Prior to Contract
. Prior to
				entering into any contract with a private agricultural employer for use of
				trainees, ICI will conduct a work site evaluation with assistance from IDOC
				staff to identify trainee safety and security risks and needs.
				(7-1-21)
03.
Contract
				Requirements
. Contracts with a private agricultural employer must
				include the following: (7-1-21)
a. At a
				minimum, the hourly rate per trainee paid to ICI by the private agricultural
				employer for trainee labor must be set at the prevailing wage provided by IDOL
				for that region, or state minimum wage, whichever is higher. The hourly rate
				per trainee must also account for any other costs the private agricultural
				employer would be required by law to pay for employed workers even if not
				required by law to pay for trainees, for example workers compensation insurance
				premiums. (7-1-21)
b. The security
				and safety provisions identified during the work site evaluation and the
				responsibilities of each party. Security and supervision of the trainees will
				be provided at the work site by IDOC correctional officers. (7-1-21)
c. A statement certifying that the private
				agricultural employer was unable to employ a sufficient number of non-trainee
				workers to complete the job as described in the contract.
				(7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter B - IDAHO CORRECTIONAL INDUSTRIES › Section 06.01.01.701 - DISBURSEMENT OF FUNDS

Current through August 31, 2023
The moneys received for trainee labor and sale of goods will
				  be deposited into the ICI Betterment Account and dispersed pursuant to Sections
				  20-412 and
				  20-416, Idaho Code. ICI will
				  disperse a portion of the funds deposited from the agricultural trainee program
				  to the Idaho Victim's Compensation Fund. (7-1-21)
01.
Costs Offset
. IDOC will
				invoice ICI for disbursement of funds to cover IDOC's costs of the agricultural
				trainee program. The funds dispersed to IDOC must be used to offset the costs
				of incarceration, supplement education opportunities to incarcerated
				individuals, and provide resources for reentry to the community.
				(7-1-21)
02.
Trust
				Account
. Trainees will receive a stipend for their work in accordance
				with Section
				20-412, Idaho Code. Trainee
				stipends must be deposited into the trainee's trust account with IDOC. Upon
				deposit, deductions for court-ordered financial obligations, including child
				support and restitution, will be made by IDOC. Any other deductions by IDOC
				will be made according to IDOC policy. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.001 - SCOPE

Current through August 31, 2023
These rules are established to govern the supervision standards
				and the parameters of a matrix of swift, certain and graduated sanctions and
				rewards to be implemented and used by the Board and the creation and operation
				of a limited supervision unit. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Pursuant to Section
				20-212(1), Idaho
				Code, the Board is exempt from all provisions of Chapter 52, Title 67, Idaho
				Code, except as specifically noted therein so there is no provision for
				administrative appeal. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Agreement of Supervision
. A
			 written agreement prepared by the Department for each offender under
			 supervision by the Board that sets forth in language that is clear and easy to
			 understand the specific acts that an offender must do, or must not do, while on
			 probation or parole including compliance with the terms and conditions of
			 probation or parole. (7-1-21)
02.
Assessment of Potential to Re-Offend
. Use of an actuarial
			 instrument that has been validated in Idaho to determine the likelihood of an
			 offender engaging in future criminal behavior, measure criminal risk factors,
			 and define specific individual needs. (7-1-21)
03.
Board
. The State Board of
			 Correction. (7-1-21)
04.
Commission
. The Commission of Pardons and Parole. The
			 decision-making body that has the authority to grant, revoke, reinstate, or
			 refuse parole. The Commission of Pardons and Parole is commonly referred to as
			 the Parole Commission. (7-1-21)
05.
Department
. The Idaho Department of Correction. (7-1-21)
06.
Director
. The director of
			 the Idaho Department of Correction. (7-1-21)
07.
Discretionary Jail Time.
A
			 suspended jail sentence imposed as a condition of probation, to be used by the
			 probation officer in increments not to exceed forty-eight (48) hours without
			 prior court approval or as approved by the court. (7-1-21)
08.
Division
. The Idaho
			 Department of Correction, Division of Probation and Parole. (7-1-21)
09.
Idaho Response Matrix
. A
			 matrix of graduated sanctions and rewards established by the Board in
			 consultation with the Supreme Court that provides for responding swiftly and
			 certainly to offender violations or compliance with the terms and conditions of
			 probation or parole imposed by the court or the Commission and the Agreement of
			 Supervision with the intent to promote long-term behavioral change.
			 (7-1-21)
10.
Legal and
			 Financial Obligation.
An obligation owed by an offender that was
			 incurred or imposed as a result of the commission of a criminal offense.
			 Includes court costs, fines, fees, cost of supervision and restitution.
			 (7-1-21)
11.
Offender
.
			 A probationer or parolee under the legal care, custody, supervision, or
			 authority of the Board, including a person within or outside of the state of
			 Idaho pursuant to an agreement with another state or contractor.
			 (7-1-21)
12.
Parolee
.
			 A person who: (7-1-21)
a. Has been released
			 from a facility by the Commission prior to the completion of his sentence;
			 (7-1-21)
b. Agrees to comply with
			 certain conditions established by the Commission; and (7-1-21)
c. Remains under the supervision of a PPO for
			 the established period of parole. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.011 - ABBREVIATIONS

Current through August 31, 2023
01.
AOS
. Agreement of
			 Supervision. (7-1-21)
02.
PPO
. Probation and Parole Officer. (7-1-21)
03.
IRM
. The Idaho Response
			 Matrix. (7-1-21)
04.
LSU
. Limited Supervision Unit. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.012 - GENERAL SUPERVISION

Current through August 31, 2023
01.
Responding
			 to Non-Compliant Behaviors
. (7-1-21)
a.
			 All alleged violations of the terms and conditions of probation or parole and
			 the AOS that require investigation are investigated and documented within the
			 time limits established by Department policy. (7-1-21)
b. A report will be sent to the court or
			 Commission any time that discretionary jail time is imposed. (7-1-21)
c. Non-compliant behaviors that require a
			 report to the court, prosecuting attorney, or Commission under the terms of the
			 IRM will be reported within the time limits established by Department policy.
			 (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.013 - USE OF IRM

Current through August 31, 2023
Supervision of Offenders. The Department shall utilize the
				Idaho Response Matrix (IRM) set forth in Appendix 1 to impose sanctions and
				rewards in response to an offender's compliance or non-compliance with the
				terms and conditions of probation or parole imposed by the court, the
				Commission, or in the AOS. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.01 - RULES GOVERNING THE SUPERVISION OF OFFENDERS ON PROBATION OR PAROLE › Section 06.02.01.014 - ESTABLISHMENT OF LSU

Current through August 31, 2023
The Department shall establish a LSU and will monitor unit
				success, offender compliance, and oversee caseload and supervision activities.
				(7-1-21)
01.
Transfer to
			 LSU
. (7-1-21)
a. Qualifying Factors.
			 Supervisors will review District staff recommendations for transfer to the LSU.
			 Qualifying Factors. Consideration for transfer to the LSU unit will be based on
			 the following factors: (7-1-21)
i. Validated
			 Assessment of Potential to Re-Offend. The LSU candidate shall have their
			 potential for re-offense and needs determined through a validated actuarial
			 assessment. To qualify for assignment to the LSU, candidate scores on the risk
			 and needs assessment must be at or below the "low" potential to re-offend level
			 with no increase in risk level for at least ninety (90) days during active
			 supervision immediately prior to transfer, or at or below the "moderate"
			 potential to re-offend level with no increase in risk level for at least three
			 hundred sixty (360) days during active supervision immediately prior to
			 transfer. (7-1-21)
ii. Income and
			 Employment Status. The LSU candidate must have verified full-time employment of
			 at least thirty-two (32) hours per week, or be a full-time student, or have
			 adequate lawful income from non-employment sources including retirement,
			 spousal or child support, student financial aid, disability income or SSI.
			 (7-1-21)
iii. Drug Screening. If
			 the LSU candidate is being supervised at moderate risk or lower they must
			 establish a documented history of negative results on urine sample analyses for
			 banned substances for a period of ninety (90) days before being a candidate for
			 the LSU. Drug screening may be waived for a LSU candidate with a lack of
			 history of drug or alcohol abuse or due to prior supervision at a low risk
			 level of more than one (1) year. (7-1-21)
iv. Legal and Financial Obligations. The LSU
			 candidate must have paid all LFOs in full as directed or have established a
			 record of actively making payments on all outstanding LFOs. (7-1-21)
v. Court Ordered Jail Time and Community
			 Service. The LSU candidate must have established a record of progress toward
			 successful completion of all court ordered obligations for local incarceration
			 and community service. (7-1-21)
vi.
			 Special Terms and Conditions Imposed by Court or Commission. The LSU candidate
			 must have completed or be in compliance with all of the special terms and
			 conditions of probation or parole ordered by the court or the Commission.
			 (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.02 - RULES GOVERNING RELEASE READINESS › Section 06.02.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
01.
Section
			 20-212, Idaho Code
.
			 Pursuant to Section
			 20-212, Idaho Code, the board is
			 authorized to make all rules necessary to carry out the provisions of Title 20,
			 Chapter 2, Idaho Code, not inconsistent with express statutes or the state
			 constitution. (7-1-21)
02.
Section
			 20-217A, Idaho Code
.
			 Pursuant to Section
			 20-217A, Idaho Code, the director
			 is authorized to assume all the authority, powers, functions and duties as may
			 be delegated to him by the board. (7-1-21)
03.
Section
			 20-224(2), Idaho
			 Code
. Pursuant to Section
			 20-224(2), Idaho
			 Code, the board uses a validated risk assessment to determine, for each
			 offender, the risk of re-offense and suitability for release and the commission
			 is to use the risk assessment in determining parole. (7-1-21)
04.
Section
			 20-223(10), Idaho
			 Code
. Pursuant to Section
			 20-233(10), Idaho
			 Code, the Department is authorized to, in consultation with the commission,
			 make rules regarding the preparation of offenders for release, and make rules
			 regarding case plan development and assessment of risk. (7-1-21)
Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.02.02 - RULES GOVERNING RELEASE READINESS › Section 06.02.02.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Pursuant to Section
				20-212(1), Idaho
				Code, the Board is exempt from all provisions of Chapter 52, Title 67, Idaho
				Code, except as specifically noted therein so there is no provision for
				administrative appeal. (7-1-21)