title-20•Title 20 — State Prison and County Jails
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
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.
[(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.]
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.
[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.]
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.
[I.C., sec. 20-101B, as added by 1971, ch. 96, sec. 2, p. 208; am. 1976, ch. 32, sec. 1, p. 69.]
The state board of correction or its designee shall, in its discretion have the power to establish rules and regulations under which an inmate may be privileged to furlough but to remain while on such leave in the legal custody and under the control of the state board of correction.
Before authorizing the furlough of an eligible inmate, the board of correction or its designee shall have said inmate appear before such board or designee and shall interview said inmate. An inmate shall be placed on furlough only when there has been made:
(1) an administrative verification of the reason for which the inmate requests furlough;
(2) arrangements for supervision, maintenance and care while on furlough;
(3) verification that travel arrangements directly to and from the place of destination, with all expenses paid by the inmate or his family; provided however, that in the case of an indigent inmate, said expenses may be satisfied from the inmate welfare fund;
(4) a determination of the leave duration, provided, however, that such leave may not exceed seventy-two (72) hours except in the case of a medical furlough for the purpose of diagnosis or treatment of a serious illness or injury;
(5) provision for signing a waiver of extradition;
(6) a determination and establishment in writing of any and all other conditions, terms and incidents requisite to such furlough;
(7) there are no detainers against said inmate; and
(8) said inmate has been classified to minimum custody for a minimum of six (6) months immediately prior to the granting of said furlough and has been recognized for meritorious performance by the board of correction or its delegated authority while so classified to minimum custody, except in the case of a medical furlough for diagnosis or treatment of a serious illness or injury. Medical furlough inmates may be classified to minimum custody for less than a six (6) month period and need not be recognized for meritorious performance.
Condition (8) need not be met when the inmate has been classified to minimum custody and has been released to one of the department of corrections’s community work centers.
The voluntary and wilful failure of any inmate to abide by the terms of said furlough or to return to the state penitentiary prior to or at the expiration of the time allowed for such furlough shall be considered an escape or attempt to escape, as the case may be, from the custody of the state board of correction and shall be punishable pursuant to section 18-2505, Idaho Code.
Furlough is authorized for diagnosis or treatment of a serious illness or injury, funerals, serious illness or accidents of the immediate family of the inmate, family visitation, to seek employment, and such other purposes that contribute to and promote a transition from confinement to the free society.
Immediate family is defined as a mother or father, brothers, or sisters, of the whole or halfblood, a wife or husband, or lawful issue.
The board of correction or its designee shall notify local law enforcement officials in the county where the inmate is to be furloughed a reasonable time prior to placing said inmate on furlough. Such notice shall be in writing, provided, however, that such notice may be oral if exigencies require it. Due consideration will be given to the law enforcement decision.
[20-101C, added 1971, ch. 166, sec. 1, p. 789; am. 1974, ch. 200, sec. 1, p. 1519; am. 1981, ch. 53, sec. 1, p. 81; am. 1995, ch. 34, sec. 1, p. 52.]
(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.
[20-101D, added 1986, ch. 322, sec. 2, p. 790.]
(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.
[20-102 added 1998, ch. 256, sec. 2, p. 827.]
(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.
[20-102A, added 1998, ch. 256, sec. 3, p. 828.]
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.
[20-103 added 1998, ch. 256, sec. 5, p. 829.]
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.
[20-111, added 1949, ch. 143, sec. 1, p. 251; am. 2010, ch. 351, sec. 1, p. 915.]
There is hereby created the department of correction. The state board of correction, as outlined in section 5, article X of the constitution of the state of Idaho, shall control, direct, and manage the department of correction consistent with the constitution of the state of Idaho and as required by law. 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.
[20-201, added 1999, ch. 311, sec. 4, p. 777; am. 2021, ch. 196, sec. 1, p. 525; am. 2024, ch. 164, sec. 3, p. 624.]
(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.
[(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.]
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.
[20-202, added 1947, ch. 53, sec. 2, p. 59; am. 1998, ch. 270, sec. 1, p. 899.]
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.
[20-203, added 1947, ch. 53, sec. 3, p. 59.]
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.
[20-204, added 1947, ch. 53, sec. 4, p. 59.]
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.
[20-205, added 1947, ch. 53, sec. 5, p. 59; am. 1969, ch. 419, sec. 1, p. 1160.]
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.
[20-206, added 1947, ch. 53, sec. 6, p. 59.]
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.
[20-207, added 1947, ch. 53, sec. 7, p. 59; am. 1969, ch. 97, sec. 3, p. 329.]
Each member of the state board of correction shall be compensated as provided by section 59-509(q), Idaho Code.
[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.]
(1) The state board of correction shall have the control, direction, and management of such correctional facilities as may be acquired for use by the state board of correction and all property owned or used in connection therewith. The board shall provide for the care and maintenance of all prisoners now or hereinafter committed to its custody. The board may also provide for employment of those prisoners housed at a correctional facility. Nothing in this section creates a right to any employment.
(2) The state board of correction may provide or facilitate research-based rehabilitative services at the discretion of the Idaho department of correction and as resources permit for incarcerated and community-based offenders. The rehabilitative services may include programs for behavioral modification, education, vocational education, sexual offenders, substance abuse, gender responsive programs, and other programs that correctional research supports reduction of risk for offender populations. Nothing contained in this subsection shall create any right to rehabilitative services.
(3) The state board of correction shall have the authority to enter into contracts with private prison contractors for the site selection, design, design/building, acquisition, construction, construction management, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of those services subject to the requirements and limitations set forth in section 20-241A, Idaho Code.
(4) The state board of correction shall have the authority to promulgate rules required by law or necessary or desirable to carry out all duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20, Idaho Code, which authority shall include the power and duties to prescribe standards, rules, and procedures for licensure of private prison contractors, to develop and provide, in conjunction with the department of administration, a uniform contract for use by local contracting authorities in contracting with private prison contractors, to review records and historical information of all prisoners proposed to be housed in private prison facilities and to approve or reject the housing of all prisoners, to monitor the status of insurance of private prison contractors, to approve suitable training programs for firearm certification for employees of private prison contractors, and to approve suitable drug testing programs for prisoners housed with private prison contractors. All final decisions by the board shall be subject to review pursuant to the provisions and procedures of the administrative procedure act, chapter 52, title 67, Idaho Code.
(5) The state board of correction is authorized to provide medical and counseling services to those prisoners who have been exposed to HIV (human immunodeficiency virus), which causes acquired immunodeficiency syndrome (AIDS), or who have been diagnosed as having contracted a human immunodeficiency viral disease.
(6) The state board of correction should provide educational and informational services to prisoners housed in Idaho and to its department employees in order to assure that the transmission of HIV within correctional facilities is diminished.
[20-209, added 1947, ch. 53, sec. 9, p. 59; am. 1970, ch. 143, sec. 6, p. 425; am. 1988, ch. 110, sec. 1, p. 199; am. 1997, ch. 223, sec. 1, p. 655; am. 2001, ch. 335, sec. 12, p. 1192; am. 2011, ch. 29, sec. 1, p. 71; am. 2020, ch. 223, sec. 1, p. 655.]
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.
[20-209A, added 1970, ch. 143, sec. 7, p. 425; am. 2015, ch. 99, sec. 3, p. 240.]
It shall be the primary duty of the state director of correction, or his designee, to prevent, control and suppress all riots, escapes, affrays and insurrections at the state penitentiary or other place maintained by the state board of correction which come to his knowledge, and to control and suppress all attempts to riot or escape.
The director of correction, or his designee, shall be primarily responsible for all security measures to be taken at the time of any riot, escape, affray or insurrection, or attempts to commit the same, at the state penitentiary or other place under the control of the state board of correction.
Any county sheriff, deputy sheriff or any person so acting, and all other law enforcement officers, shall be subject to the authority herein conferred upon the director of correction, or his designee, and shall be subject to his direction and control during any riots, escapes, affrays, insurrections, or attempts to commit the same, at the state penitentiary or other place maintained by the state board of correction.
Nothing in this act shall preclude the use of any county sheriff or other law enforcement officers by the director of correction during any such existing emergency. If at any such time the director of correction shall find need for the assistance of any county sheriff or other law enforcement officers, the sheriff and such other officers may respond and render assistance at the direction of the director of correction.
For purposes of this section, a facility operated by a private prison contractor and housing prisoners pursuant to a contract between the contractor and the state board of correction, as set forth in section 20-241A, Idaho Code, shall be deemed to be maintained by or under the control of the state board of correction.
[20-209B, added 1973, ch. 169, sec. 1, p. 358; am. 2010, ch. 351, sec. 2, p. 915.]
All employees of the state board of correction who receive peace officer certification from the Idaho peace officer standards and training council shall have the authority given by statute to peace officers of the state of Idaho in accordance with the provisions of section 19-5109, Idaho Code. The state board of correction shall have the additional authority to designate other employees to act as peace officers when engaged in transportation of prisoners or apprehension of prisoners or wards who have escaped, or apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation or parole, or when present with and at the request of a local, state or federal law enforcement officer.
[(20-209C) 20-209B, as added by 1973, ch. 170, sec. 2, p. 360; redesignated as I.C. sec. 20-209C, 1979, ch. 205, sec. 1, p. 588; am. 1980, ch. 99, sec. 1, p. 219; am. 2005, ch. 131, sec. 3, p. 420; am. 2011, ch. 28, sec. 2, p. 70.]
The state board of correction, or its designee, shall have the authority to confiscate contraband money found in the possession of the inmates and thereafter deposit the money in the department of correction receipts account, and to dispose of other contraband property found in possession of inmates by donation to a nonprofit organization.
[20-209D, added 1979, ch. 205, sec. 2, p. 588; am. 1983, ch. 223, sec. 1, p. 619; am. 1989, ch. 213, sec. 1, p. 522.]
(1) In any action, whether filed in state, federal or administrative court, in which a prisoner submits a frivolous or malicious claim, or knowingly testifies falsely or otherwise knowingly presents false evidence or information to the court, the prisoner may be subject to prison disciplinary action. Such disciplinary action may be initiated upon the court’s finding that:
(a) The prisoner has filed a claim that is frivolous or malicious;
(b) The prisoner filed a claim solely to harass the party;
(c) The prisoner has knowingly testified falsely or otherwise knowingly submitted false evidence or information to the court; or
(d) The prisoner has committed a fraud upon the court.
(2) In the absence of a finding by the court under subsection (1) of this section, and upon review and recommendation by the office of the attorney general, a disciplinary hearing may be held by the appropriate authority at the prison, pursuant to section 5, article X of the constitution of the state of Idaho, to determine whether the prisoner has filed a claim that is malicious or intended solely to harass the party, or has testified falsely or otherwise presented false evidence or information to the court.
(3) Upon a finding of guilt under either subsection (1) or (2) of this section, the prisoner shall be subject to prison disciplinary detention and loss of privileges consistent with established prison disciplinary procedures.
[20-209E, added 1996, ch. 420, sec. 3, p. 1400.]
(1) The director of the department of correction or his designee shall have the authority to apply to the magistrates division of the district court of Ada county for a warrant for the arrest, detention and return to custody of any person committed to the custody of the department of correction under a judgment of conviction who, prior to satisfying the full term of his judgment of conviction and sentence, has either:
(a) Escaped or absconded from the custody or supervision of the department; or
(b) Been released for any reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state.
(2) The magistrate shall issue a warrant upon submission by the director or his designee of an affidavit that:
(a) Identifies the person sought;
(b) Demonstrates that such person has been committed to the custody of the department of correction under a judgment of conviction; and
(c) Demonstrates that, prior to satisfying the full term of his judgment of conviction and sentence, the person sought has either:
(i) Escaped or absconded from the custody or supervision of the department; or
(ii) Been released for any other reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state.
(3) Any person who is arrested and detained pursuant to this section shall be ineligible for bond, bail or release on his own recognizance.
(4) Any person arrested and detained pursuant to this section shall have the right to a hearing to confirm that:
(a) He is the person identified in the warrant; and
(b) An unsatisfied portion of his judgment of conviction and sentence remains to be served.
(5) A warrant issued pursuant to this section shall remain in effect until:
(a) The warrant is quashed by order of a court;
(b) The person identified in the warrant is returned to the custody of the department of correction; or
(c) The sentence of the person identified in the warrant is otherwise deemed satisfied.
(6) The issuance of a warrant pursuant to this section shall not negate or interfere with the issuance of warrants under any other provision of law.
(7) A warrant issued pursuant to this section shall be sufficient for any peace officer to arrest, detain and return to the custody of the department of correction any person described in the warrant. It shall be the duty of all peace officers to execute the warrant in the same manner as ordinary process and to return any person arrested pursuant to this section to the custody of the department of correction.
(8) A person who is detained pursuant to a warrant issued under this section may apply for an order quashing the warrant. An action to quash a warrant issued under this section may be brought in Ada county, Idaho or in the county in Idaho in which a person arrested under such a warrant is detained. A warrant issued under this section shall be quashed upon a showing that the person sought or detained is not the person identified in the warrant or that the person’s sentence has been completed or has otherwise been deemed satisfied.
[20-209F, added 2002, ch. 130, sec. 2, p. 360.]
(1) For purposes of this section, the following definitions shall apply:
(a) "Correctional facility" means any prison, correctional facility or mental health facility operated by the department of correction and any public or private correctional facility in which department of correction prisoners are housed pursuant to contract, including a county jail;
(b) "Department of correction prisoner" means any person housed in a correctional facility who has been committed to the custody of or who is under the supervision of the department of correction by way of a judgment of conviction or court order, including the following:
(i) Prisoners committed to the department to serve criminal sentences;
(ii) Persons committed in relation to their fitness to proceed at trial pursuant to section 18-212, Idaho Code;
(iii) Prisoners over whom a court has retained jurisdiction pursuant to section 19-2601 4., Idaho Code;
(iv) Prisoners serving discretionary jail time as probationers or parolees;
(v) Parolees arrested pursuant to sections 20-227 and 20-1007, Idaho Code, and are awaiting a determination regarding violation or revocation of their parole;
(vi) Civil commitments pursuant to section 66-329, Idaho Code; and
(vii) Persons committed to the Idaho security medical program pursuant to section 66-1301, Idaho Code.
(c) "Documents" means any writings, charts, records, recordings, electronic records or data, photographs, tangible things, drawings or diagrams of any sort whatsoever.
(2) In furtherance of the duties set forth in this chapter and department of correction rules, the director of correction shall have the authority to:
(a) Investigate crimes, criminal enterprises or conspiracies, violations of state law or administrative regulations, disturbances, riots and the introduction of contraband into a correctional facility, where such activities involve department of correction prisoners;
(b) Investigate waste, mismanagement of state resources and violations of laws, regulations, policies, directives or procedures by employees of the department of correction; and
(c) Issue subpoenas for the production of documents which may be relevant to such investigations.
(3) If a custodian of documents refuses to produce any document required by a subpoena issued pursuant to subsection (2) of this section, the director of correction may petition the district court in the county in which the custodian resides or does business, setting forth by way of sworn affidavit the reasons supporting issuance of the subpoena and why the documents sought are necessary for the investigation, that due notice has been given of the time and place of production of said documents, that the custodian has been properly summoned and that the custodian has failed and refused to produce documents required by the subpoena and may request an order compelling the custodian to produce the documents.
(4) Upon the filing of such petition and affidavit, the court shall enter an order directing the custodian of documents to appear before the court at a time fixed by the court, but not more than ten (10) court days from the date of the order, and to show cause why the custodian has not produced the documents and why he should not be required to produce the documents. The court shall serve a copy of the order upon the custodian. If it appears to the court that the petition is adequately supported by affidavit, the subpoena was regularly issued by the director of correction and regularly served upon the custodian, and that there is not good cause for the custodian’s failure to produce the documents, the court shall order the custodian to produce the required documents at a time and place fixed by the court. If the custodian fails to obey the court’s order, he shall be dealt with for contempt of court.
(5) When documents are sought from a custodian who is not a resident of this state or who has his principal place of business in another state, the director of correction is authorized to obtain subpoenas issued by the clerk of the district court of Ada county. The clerk of the district court shall open a court file, provide a case number and issue the subpoena under the seal of the court. The subpoena shall specify those documents required to be produced.
(6) The department of correction shall cooperate with local law enforcement and other local, state or federal law enforcement agencies during the conduct of any investigation arising out of the powers and duties set forth in this section.
[20-209G, added 2009, ch. 45, sec. 1, p. 126; am. 2021, ch. 196, sec. 25, p. 540.]
The state board of correction shall establish an account in the name of each inmate confined in a correctional facility. All moneys in the inmate’s possession upon admission, all moneys earned from institutional employment and all moneys received by the inmate from any other source, other than money that is contraband, shall be deposited in the inmate’s account. If the court ordered an inmate to make restitution under section 19-5304, Idaho Code, and the restitution is still owing, then twenty percent (20%) of each deposit in the inmate’s account shall be paid to the state board of correction who shall, within five (5) days after the end of the month, pay such moneys to the clerk of the court in which the restitution order was entered for payment to the victim. The provisions of this section shall apply to any inmate confined in a correctional facility on or after the effective date of this section.
[20-209H, added 2014, ch. 150, sec. 6, p. 420.]
(1) Inmates may be assigned to do conservation work on a permanent or temporary basis. The board or its designated agent may, at such times as it deems proper and on such terms as it deems wise, enter into contracts or cooperative agreements with any public agency, state or federal, for the performance of conservation projects that are appropriate and under conditions consistent with policies established by the board.
(2) Inmates may be assigned to perform public conservation projects including, but not limited to, forest fire prevention and control, forest and watershed management, recreational area development, fish and game management, soil conservation, and forest watershed revegetation.
[20-209I, added 2020, ch. 83, sec. 12, p. 220.]
From and after the taking effect of this act, the state board of correction shall succeed to and be in possession and control of all records, accounts, books, papers, equipment, supplies, funds, and other property, real and personal, in possession of or under the control of any office, board, commission, agency, deputy or employee herein abolished or superseded. Immediately after notice of the appointment, qualification, and organization of the state board of correction, the director of correction and every other state officer or employee then having in his possession or under his control any property, real or personal, any records, and funds of whatever kind or character for the use and benefit of the penitentiary or the administration thereof, shall proceed to prepare and within ten (10) days thereafter to submit a full and complete inventory of all property and records so held to said board of correction, together with possession of said records and property as said board of correction shall direct.
[20-211, added 1947, ch. 53, sec. 11, p. 59; am. 1974, ch. 6, sec. 3, p. 28.]
(1) The state board of correction shall make all necessary rules to carry out the provisions of this chapter not inconsistent with express statutes or the state constitution and to carry out those duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20, Idaho Code. The board shall fix the time and place of meetings, the order of business, the form of records to be kept, the reports to be made, and all other rules necessary to the efficient management and control of the state penitentiary and all properties used in connection therewith. All rules of the board shall be subject to review of the legislature pursuant to sections 67-454 and 67-5291, Idaho Code, but no other provisions of chapter 52, title 67, Idaho Code, shall apply to the board, except as otherwise specifically provided by statute. When making rules required by this section, the board or the department shall submit the rules to the office of the state administrative rules coordinator in a format suitable to the office of the state administrative rules coordinator as provided in section 67-5202, Idaho Code, and the board or department shall pay all the fees provided in section 67-5205, Idaho Code. The office of the state administrative rules coordinator is authorized and shall publish the board or department’s rules in the administrative bulletin. Additionally, whenever the board or department desires to amend, modify or repeal any of its rules, it shall follow the procedure provided in this section. All rules or the amendment or repeal of rules shall be effective thirty (30) days after the date of publication by the office of the administrative rules coordinator. If the board determines that the rules need to be effective at a sooner date, they shall issue a proclamation indicating that the public health, safety and welfare is in jeopardy and, if the governor agrees, the rules shall be effective upon the governor signing the proclamation.
(2) "Rule" as used in this section means the whole or a part of the board of correction or department of correction’s statement of general applicability that has been promulgated in compliance with the provisions of this section and that implements, interprets or prescribes:
(a) Law or policy; or
(b) The procedure or practice requirements of the board or department. The term includes the amendment, repeal, or suspension of an existing rule, but does not include:
(i) Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public; or
(ii) Declaratory rulings issued pursuant to statute or the board’s rules; or
(iii) Intra-department memoranda; or
(iv) Any written statements given by the department or board that pertain to an interpretation of a rule or to the documentation of compliance with a rule.
(3) At the same time that the proclamation of rulemaking is filed with the coordinator, the board or department shall provide the same notice, the full text of the rule under consideration in legislative format, and a statement of the substance of the intended action to the director of legislative services. If the rulemaking is based on a requirement of federal law or regulation, a copy of that specific federal law or regulation shall accompany the submission to the director of legislative services. The director of legislative services shall analyze and refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code.
(4) The board or department shall prepare and deliver to the germane joint subcommittee a statement of economic impact with respect to a rule if the germane joint subcommittee files a written request with the board or department for such a statement. The statement shall contain an evaluation of the costs and benefits of the rule, including any health, safety, or welfare costs and benefits. The adequacy of the contents of the statement of economic impact is not subject to judicial review.
[20-212, added 1947, ch. 53, sec. 12, p. 59; am. 1999, ch. 311, sec. 3, p. 775; am. 2000, ch. 228, sec. 1, p. 641; am. 2001, ch. 335, sec. 13, p. 1193; am. 2023, ch. 314, sec. 9, p. 963.]
The state board of correction shall have power and authority to employ, to specify the training, and to fix the duties of such assistants, officers and other persons necessary for the proper and efficient administration of the department of correction and the property used in connection therewith, for the administration of the parole and probation system, and generally for the carrying out of the provisions of this act, subject to the provisions of chapter 53, title 67, Idaho Code.
[20-214, added 1947, ch. 53, sec. 14, p. 59; am. 1974, ch. 6, sec. 4, p. 28; am. 2001, ch. 16, sec. 1, p. 20.]
(1) The board shall keep a record of and require reports from all persons on parole or probation and enforce observance of rules and regulations for parole or probation established by the commission or the courts. It shall prepare and publish reports and statistics relating to probation and parole and it shall submit to the governor, at such times as the governor may direct, but at least annually, a full and complete report of the board and its agents, showing the disposition of all cases coming before the board or the commission and such additional information relating thereto as the governor may request.
(2) The board and the department of health and welfare shall submit a joint report to the legislature by January 15 each year analyzing:
(a) The criminogenic needs of the active population of probationers and parolees;
(b) Current funding available to deliver effective, evidence-based programming to address those needs; and
(c) Any gap in funding to meet the treatment needs of all moderate and high-risk probationers and parolees.
(3) By November 15, 2015, and biennially on November 15 thereafter, the board shall develop and deliver a report to the governor and the legislature on the programs to reduce recidivism that are funded by the state. Subject to the availability of moneys, the board may contract with an independent contractor or academic institution for this purpose. The report shall include an evaluation of the quality of each program and its likelihood to reduce recidivism among program participants and shall include a plan for program improvements by the board. The program evaluations shall ensure that treatment programs are delivering services in a way that aligns with the scientifically based research to reduce recidivism. Program evaluation shall be standardized and a validated program assessment tool shall be used. Each program evaluation shall include a site visit and interviews with key staff, interviews with offenders, group observation and file and material review. The information shall be compiled into a composite score indicating adherence to concepts that are linked with program effectiveness, such as program development, program procedures, staff, offender assessment, treatment processes and programs and quality assurance. Program evaluation should also include feedback to the program concerning strengths, weaknesses and recommendations for better adherence to scientifically based research and the principles of effective intervention.
(4) For the purposes of this section:
(a) "Program" means a treatment or intervention program or service that is intended to reduce the propensity of a person to commit crimes or improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services. "Program" does not mean or include an educational program or service that an agency is required to provide to meet educational requirements imposed by state law or a program that provides basic medical services.
(b) "Scientifically based research" means research that obtains reliable and valid knowledge by:
(i) Employing systematic, empirical methods that draw on observation or experiment;
(ii) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; and
(iii) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators.
[20-216, added 1947, ch. 53, sec. 16, p. 59; am. 1969, ch. 419, sec. 4, p. 1160; am. 1980, ch. 297, sec. 2, p. 769; am. 2014, ch. 150, sec. 8, p. 420.]
The board shall appoint a director of correction, referred to in this chapter as the director, of the Idaho state penitentiary whose salary shall be determined and set by the board. The director shall be the chief administrative officer for the board and business manager of the penitentiary and the properties used in connection therewith. The director shall assume all the authority, powers, functions and duties as may be delegated to him by the board.
[I.C., sec. 20-217A, as added by 1967, ch. 364, sec. 2, p. 1052; am. 1969, ch. 97, sec. 6, p. 329.]
The state board of correction shall annually submit to the governor and the state budget officer a full, true, and correct report of all moneys received and expended by it for correctional services.
[20-218, added 1947, ch. 53, sec. 18, p. 59; am. 1974, ch. 6, sec. 5, p. 28; am. 1980, ch. 297, sec. 3, p. 769.]
(1) The state board of correction shall be charged with the duty of:
(a) Supervising all persons convicted of a felony placed on probation to the board;
(b) Supervising all persons released from the state penitentiary on parole;
(c) Supervising all persons convicted of a felony released on parole or probation from other states and residing in the state of Idaho;
(d) Program delivery, as "program" is defined in section 20-216, Idaho Code, to all persons under its probation or parole supervision based on individual criminal risk factors and specific needs;
(e) Making such investigations as may be necessary;
(f) Reporting alleged violations of parole in specific cases to the commission to aid in determining whether the parole should be continued or revoked;
(g) Reporting alleged violations of the terms or conditions of probation in specific cases to the court and the prosecuting attorney to aid in determining whether the probation should be continued or revoked;
(h) Preparing a case history record of the prisoners to assist the commission or the courts in determining if they should be paroled or should be released on probation; and
(i) Supervising juveniles convicted as adults with a blended sentence pursuant to and in the manner described in section 19-2601A, Idaho Code.
(2) Any person placed on probation or parole and who has been designated as a violent sexual predator pursuant to chapter 83, title 18, Idaho Code, shall be monitored with electronic monitoring technology for the duration of the person’s probation or parole period. Any person who, without authority, intentionally alters, tampers with, damages, or destroys any electronic monitoring equipment shall be guilty of a felony.
(3) The state board of correction shall have the discretion to determine the level of supervision of all persons under its supervision, except those who are being supervised by a problem solving court. "Level of supervision" includes the determination of the following:
(a) The frequency, location, methods and nature of contact with the supervising officer;
(b) Testing requirements and frequency;
(c) Contact restrictions;
(d) Curfew restrictions; and
(e) Reporting requirements.
(4) Subject to the availability of moneys, caseloads for supervising officers who are supervising offenders determined by the department of correction’s validated risk assessment to be high or moderate risk of rearrest should not exceed an average of fifty (50) offenders per supervising officer.
(5) In carrying out its duty to supervise felony probationers and parolees, the state board of correction shall use evidence-based practices, shall target the offender’s criminal risk and need factors with appropriate supervision and intervention and shall focus resources on those identified by the board as moderate-risk and high-risk offenders. The supervision shall include:
(a) Use of validated risk and needs assessments of the offender that measure criminal risk factors, specific individual needs and driving variable supervision levels;
(b) Use of assessment results to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;
(c) Collateral and personal contacts with the offender and community that may be unscheduled and which shall occur as often as needed based on the offender’s supervision level and risk of reoffense and based on the need to stay informed of the offender’s conduct, compliance with conditions and progress in community-based intervention;
(d) Case planning for each offender assessed as moderate to high risk to reoffend; and
(e) Use of practical and suitable methods that are consistent with evidence-based practices to aid and encourage the offender to improve his or her conduct and circumstances so as to reduce the offender’s risk of recidivism.
(6) The state board of correction shall provide all supervising officers with initial and ongoing training and professional development services to support the implementation of evidence-based supervision practices. All supervising officers employed as of the effective date of this section shall complete the training requirements set forth in this subsection on or before July 1, 2016. All supervising officers hired after the effective date of this section shall complete the training requirements set forth in this subsection within two (2) years of their hire date. The training and professional development services shall include:
(a) Assessment techniques;
(b) Case planning;
(c) Risk reduction and intervention strategies;
(d) Effective communication skills;
(e) Behavioral health needs;
(f) Application of core correctional practices, including motivational interviewing, cognitive restructuring, structured skill building, problem solving, reinforcement and use of authority;
(g) Training for supervising officers to become trainers so as to ensure long-term and self-sufficient training capacity in the state; and
(h) Other topics identified by the board as evidence-based practices.
(7) The state board of correction shall promulgate rules in consultation with the Idaho supreme court to:
(a) Establish a program of limited supervision for offenders who qualify addressing eligibility, risk and needs assessments, transfers among levels of supervision and reporting to the court and the prosecuting attorney.
(b) Establish a matrix of swift, certain and graduated sanctions and rewards to be imposed by the board, without the necessity of a hearing, in response to corresponding violations of or compliance with the terms or conditions imposed. Sanctions for violations shall include, but are not limited to, community service, increased reporting, curfew, submission to substance use assessment, monitoring or treatment, submission to cognitive behavioral treatment, submission to an educational or vocational skills development program, submission to a period of confinement in a local correctional facility for no more than three (3) consecutive days and house arrest. Rewards for compliance shall include, but are not limited to, decreased reporting and transfer to limited supervision.
[20-219, added 1947, ch. 53, sec. 19, p. 59; am. 1980, ch. 297, sec. 4, p. 770; am. 1993, ch. 101, sec. 2, p. 256; am. 2008, ch. 65, sec. 1, p. 168; am. 2014, ch. 150, sec. 9, p. 422; am. 2015, ch. 113, sec. 5, p. 286; am. 2017, ch. 182, sec. 3, p. 416.]
(1) Any person who for himself or as an agent or representative of another in this state who shall unlawfully exercise or attempt to exercise the functions of, or hold themselves out to anyone as, a probation/parole officer, a presentence investigator or correctional officer, whether acting in his own behalf as an official of the court or correction, or as the authorized or unauthorized agent or representative of another, is punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment in the county jail not exceeding one (1) year, or both.
(2) It is a misdemeanor for any person who is not authorized and commissioned by the director of correction, to wear, exhibit or display in public an official badge, official uniform of a correctional officer, or identification card of the department of correction of the state of Idaho, and is punishable by a fine not exceeding five thousand dollars ($5,000), or imprisonment in the county jail not exceeding one (1) year, or both.
[20-219A, added 1982, ch. 104, sec. 1, p. 285.]
When a probation and parole officer is available to the court, no defendant shall be placed on probation until a written report of investigation by a parole and probation officer shall have been presented to and considered by the court, and no defendant charged with a felony or indictable offense shall be released under suspension of sentence without such investigation. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Whenever practicable, such investigation shall include a physical and mental examination of the defendant. If a defendant is committed to any institution, the probation officer shall send a report of such investigation to the institution at the time of commitment.
[20-220, added 1947, ch. 53, sec. 20, p. 59.]
(1) By order duly entered the court may impose and may at any time modify any terms or conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the board of correction, to the prosecuting attorney and to the probationer.
(2) Any party or the board of correction may submit to the court a request to modify the terms and conditions of probation for any probationer under the board’s supervision at any time during the period of probation. A request to modify the terms and conditions of probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of the request to modify the terms and conditions of probation. Any responses to a request to modify shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to modify based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to modify. The court shall by written order rule on the request to modify within sixty (60) days of the date of submittal of the request.
(3) Any party or the board of correction may submit to the court a request to terminate the probation for any probationer under the board’s supervision at any time during the period of probation. A request to terminate probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of a request to terminate probation. Any responses to a request to terminate probation shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to terminate based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to terminate. The court shall rule on the request within sixty (60) days of the date of submittal of the request. A court order granting a request to terminate probation under this subsection shall be deemed a final discharge from the remaining period of probation.
[20-221, added 1947, ch. 53, sec. 21, p. 59; am. 2014, ch. 150, sec. 10, p. 423.]
(1) The period of probation or suspension of sentence shall be fixed by the court and may at any time be extended or terminated by the court. Such period with any extension thereof shall not exceed the maximum period for which the defendant might have been imprisoned.
(2) At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Thereupon the court, after summary hearing may revoke the probation and suspension of sentence and cause the sentence imposed to be executed, or may cause the defendant to be brought before it and may continue or revoke the probation, or may impose any sentence which originally might have been imposed at the time of conviction. In making a determination to continue or revoke probation and suspension of sentence, the court shall consider the defendant’s risks and needs and options for treatment in the community.
[20-222, added 1947, ch. 53, sec. 22, p. 59; am. 1986, ch. 311, sec. 1, p. 762; am. 2014, ch. 150, sec. 11, p. 424.]
(1) It is the intent of the legislature to focus prison space on those who commit the most serious offenses or who have the highest likelihood of offending in the future.
(2) The department of correction and board shall assist the commission where required by law and, consistent with subsection (1) of this section, in carrying out the provisions of chapter 10, title 20, Idaho Code.
(3) The department of correction shall promulgate rules in consultation with the commission to prepare prisoners for parole. The department of correction shall create sufficient programming opportunities, such that lack of access to programming is not the primary cause in delaying parole eligibility. The department shall promulgate rules to include case plan development upon entry into prison and a current risk assessment before all parole hearings.
(4) By February 1 of each year, the department of correction and the commission shall submit a report to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee that describes the most common reasons for delay or denial of release, including statistical data supporting the conclusions of the report.
[20-223, added 1980, ch. 297, sec. 6, p. 770; am. 1985, ch. 122, sec. 6, p. 302; am. 1986, ch. 232, sec. 5, p. 640; am. 1989, ch. 369, sec. 1, p. 926; am. 1993, ch. 106, sec. 1, p. 271; am. 1998, ch. 327, sec. 1, p. 1055; am. 1999, ch. 326, sec. 1, p. 834; am. 2000, ch. 368, sec. 3, p. 1221; am. 2006, ch. 251, sec. 1, p. 760; am. 2013, ch. 241, sec. 1, p. 569; am. 2014, ch. 150, sec. 12, p. 424; am. 2017, ch. 182, sec. 4, p. 418; am. 2021, ch. 196, sec. 6, p. 528.]
(1) Within six (6) months after his admission and at such intervals thereafter as it may determine, the board shall secure all pertinent available information regarding each prisoner, including the circumstances of his offense, his previous social history and criminal record, his conduct, employment and attitude in prison, and reports of such physical and mental examinations as have been made to assist the board in prescribing treatment for such person while in confinement and to assist the commission in its deliberations. The board and the commission shall attempt to inform themselves as to such inmate as a personality and may seek from the sentencing judge, prosecuting attorney, defense counsel and law enforcement authorities such information of which they may be possessed relative to the convicted person and the crime for which he was committed. An electronic recording or transcript of the comments and arguments required to be recorded by section 19-2515, Idaho Code, shall be submitted to the board, made available to the commission, and shall be considered by the commission in making a parole or commutation decision with respect to the prisoner.
(2) The board of correction shall use a validated risk assessment to determine, for each prisoner, the risk of reoffense and suitability for release. For purposes of this subsection, "validated risk assessment" means an actuarial tool that has been validated in Idaho to determine the likelihood of the prisoner engaging in future criminal behavior. The board shall select a research-based risk assessment and shall validate the accuracy of the risk assessment at least every five (5) years in consultation with the commission. Assessments shall be performed by department staff who are trained and certified in the use of the risk assessment. The commission shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, to ensure that risk assessment is used in determining parole, the benefit of holding a prisoner in prison to complete programming versus releasing the prisoner on parole to complete programming in the community and in setting conditions for parole supervision.
[20-224, added 1947, ch. 53, sec. 24, p. 59; am. 1980, ch. 297, sec. 7, p. 771; am. 1984, ch. 230, sec. 2, p. 551; am. 2014, ch. 150, sec. 13, p. 426.]
Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($75.00) per month as determined by the board of correction. Costs of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist:
(1) The offender has diligently attempted but been unable to obtain employment.
(2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole.
Money collected as a fee for services will be placed in the probation and parole receipts revenue fund, which is hereby created in the dedicated fund in the state treasury, and utilized to provide supervision for clients. Moneys in the probation and parole receipts revenue fund may be expended only after appropriation by the legislature. This section shall not restrict the court from ordering the payment of other costs and fees that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole.
[20-225, added 1984, ch. 187, sec. 1, p. 437; am. 2003, ch. 130, sec. 1, p. 383; am. 2005, ch. 68, sec. 1, p. 233; am. 2010, ch. 235, sec. 8, p. 548; am. 2011, ch. 73, sec. 1, p. 155; am. 2012, ch. 109, sec. 3, p. 299.]
(1) Any person under state probation or parole supervision who applies for a transfer of supervision to another state shall be required to post an application fee not to exceed one hundred dollars ($100).
(2) Money collected as a fee for services and compact administration shall be placed in the probation and parole receipts account, which is hereby created in the dedicated fund in the state treasury, and shall be utilized to provide supervision for offenders. Moneys in the probation and parole receipts account may be expended only after appropriation by the legislature.
[20-225A, added 2003, ch. 25, sec. 1, p. 95.]
The state board of correction shall cause a complete record to be kept of every prisoner committed to its custody. Such record shall be organized in accordance with the most modern method of filing and indexing so that there will always be immediately available a complete history on each prisoner. Such records shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
[20-226, added 1947, ch. 53, sec. 26, p. 59; am. 1970, ch. 143, sec. 9, p. 425; am. 1990, ch. 213, sec. 15, p. 500; am. 2015, ch. 141, sec. 23, p. 404.]
(1) Any parole or probation officer may arrest a parolee, probationer, or person under drug court or mental health court supervision without a warrant, or may deputize any other officer with power of arrest to do so, by giving such officer a written statement hereafter referred to as an agent’s warrant, setting forth that the parolee, probationer, or person under drug court or mental health court supervision has, in the judgment of said parole or probation officer, violated the conditions of drug court or mental health court or conditions of his parole or probation. The provisions of this section shall apply where the court has provided for the service of discretionary jail time.
(2) Such written statement or agent’s warrant, delivered with the parolee, probationer, or person under drug court or mental health court supervision by the arresting officer to the official in charge of the institution from which the parolee was released, the county jail or other place of detention, shall be sufficient warrant for the detention of the probationer, parolee, or person under drug court or mental health court supervision.
(3) The agent’s warrant issued by the parole or probation officer shall be sufficient authorization for a local law enforcement officer to transport the probationer, parolee, or person under drug court or mental health court supervision to the appropriate jurisdiction to be housed pending appearance before the sentencing court or the commission.
(4) The parole and probation officer shall at once notify the commission, or the court, of the arrest and detention of the parolee, probationer, or person under drug court or mental health court supervision, and shall submit in writing a report showing in what manner the parolee, probationer, or person under drug court or mental health court supervision is alleged to have violated the condition of his or her parole, probation, or drug court or mental health court program. When a probationer is arrested pursuant to an agent’s warrant, the supervising officer shall provide the prosecuting attorney with a copy of the notice of arrest and the report.
(5) In counties where there are misdemeanor probation officers in addition to department of correction parole or probation officers, those officers shall have the same authority conferred upon department of correction parole or probation officers in this section to arrest a misdemeanor probationer without a warrant for misdemeanor probation violations occurring in the officer’s presence as otherwise provided in this section.
(6) When a probationer has been arrested by the supervising officer without a warrant or pursuant to an agent’s warrant, the supervising officer shall submit to the court, to the prosecuting attorney and to the facility where the probationer is detained, a statement of probable cause for the violation. The statement shall be attested to under oath or under penalty of perjury pursuant to section 9-1406, Idaho Code, and shall be submitted within twenty-four (24) hours of the arrest. If a judicial determination of probable cause is not made within forty-eight (48) hours of arrest, then the probationer shall be released.
[20-227, added 1947, ch. 23, sec. 27, p. 59; am. 1980, ch. 297, sec. 9, p. 772; am. 1994, ch. 424, sec. 1, p. 1332; am. 1999, ch. 300, sec. 1, p. 752; am. 2004, ch. 227, sec. 2, p. 670; am. 2006, ch. 143, sec. 1, p. 404; am. 2014, ch. 150, sec. 14, p. 427.]
For the purpose of assisting with apprehending individuals on parole who have absconded and for whom the parole commission has issued a warrant of arrest, the director of the department of correction shall have power to issue a subpoena duces tecum to compel the production of writings, documents or records of any type or form, specifically including those stored or transmitted by any electronic or wireless means. If any person or entity to whom such subpoena is directed refuses to produce the documents, writings or records sought, as directed, within seven (7) days of receipt of the subpoena, the director may apply to the district court of the county where the records are located for an order compelling such person or entity to comply with the subpoena. Failure to obey such order may be punished by the court as a contempt thereof.
[20-228A, added 2004, ch. 296, sec. 1, p. 826.]
. Provisions of this act so far as applicable thereto are to apply to all convicted persons now serving time in the state penitentiary to the end that at all times the same provisions relating to sentences, imprisonment, and paroles of prisoners shall apply to the inmate thereof.
[20-230, added 1947, ch. 53, sec. 30, p. 59; am. 1980, ch. 297, sec. 13, p. 773.]
The chairman of the state board of correction, or his designee, is hereby authorized to certify all sums to be expended by said board in carrying out the purpose of this act to the state board of examiners, and the state board of examiners, upon the approval of said sums, shall cause the state controller to draw warrants for the amount of the same.
[20-235, added 1947, ch. 53, sec. 35, p. 59; am. 1974, ch. 6, sec. 7, p. 28; am. 1994, ch. 180, sec. 12, p. 429.]
No member or employee of the state board of correction shall be interested directly or indirectly in any manner in contracts for furnishing the penitentiary or any property used in connection therewith or inmates thereof, any supplies, materials, equipment, or for the use of said institution. Nor shall any officer or employee be permitted to receive in any way perquisites for themselves or family, or any compensation or reward from any contractor or employee or other person. Should any officer or employee violate, or wilfully or negligently fail to observe the provisions and prohibitions of this section, he shall be at once dismissed from office by the state board of correction; and further, upon conviction of such violation by a court of competent jurisdiction, he shall be fined a sum not exceeding $1,000.00 and not less than one month’s pay, and shall forfeit his interest in any and all contracts or rewards he may have received or agreed to receive in violation of the provisions of this section.
[20-236, added 1947, ch. 53, sec. 36, p. 59.]
When any person is convicted in any court of the state and sentenced to imprisonment and committed to the custody of the state board of correction, or sentenced to suffer the death penalty, the sheriff of the county in which such conviction shall have been had shall immediately, upon passing of sentence, notify the director that a person is in his custody. Such notice shall be transmitted by either telegraph or telephone, followed by a written confirmation by certified mail. As soon as possible upon receipt of such notice, the director shall dispatch one or more correctional officers, as may be necessary, from the department to the place where the convicted person is detained, to secure and convey said convicted person to any department of correction facility, or other facility within the state designated by the state board of correction. The convicted person, a certified copy of the judgment, a copy of the presentence investigation report, if any, a copy of any disciplinary reports filed against the convicted person while in the sheriff’s custody and all of the additional documents and allowable personal property, including medications as set forth in section 20-243, Idaho Code, shall be delivered into the custody of the director or his representative at the time of or prior to the delivery of the convicted person to the department. If all such records, documents, and property are not delivered at that time, the director or his representative may refuse to accept or transport the convicted person to a department facility.
[20-237, added 1947, ch. 53, sec. 37, p. 59; am. 1967, ch. 364, sec. 3, p. 1052; am. 1969, ch. 419, sec. 7, p. 1160; am. 1970, ch. 143, sec. 11, p. 425; am. 1991, ch. 116, sec. 1, p. 245.]
(1) The board of correction shall pay each county for housing prisoners convicted, sentenced and committed to the custody of the state board of correction, including probationers and parolees committed to a county jail under section 20-219(7)(b), Idaho Code, beginning on the day after receipt by the director of notice that a person is in custody, as provided in section 20-237, Idaho Code.
(2) The state board of correction shall pay counties housing state-sentenced prisoners a minimum rate of eighty dollars ($80.00) per day per inmate. Nothing stated herein will prohibit the state board of correction from entering into a contract with a county pursuant to section 20-241, Idaho Code.
(3) In addition to payment of per diem costs as provided in this section, the state board of correction shall pay for all ordinary and necessary medical and dental expenses of state prisoners housed in county jails.
(4) As between themselves, the state board of correction and each of the counties will be responsible for their pro rata share of any property damages or personal injuries arising from the housing of state-sentenced prisoners, which is attributable to their respective negligence or otherwise wrongful conduct. This provision shall not alter or affect any immunities or exceptions to governmental liability the state or counties may possess as to private persons pursuant to the Idaho tort claims act, chapter 9, title 6, Idaho Code.
(5) The legislature shall appropriate sufficient funds annually to the department of correction to make all payments to counties as required in this section.
(6) The county sheriffs shall bill the department of correction at least every sixty (60) days. The department of correction shall pay such bills within sixty (60) days of their receipt.
(7) The germane committees of the legislature shall review the costs of housing inmates in county jails every three (3) years beginning in 2004.
[20-237A, added 1992, ch. 80, sec. 1, p. 221; am. 2000, ch. 135, sec. 1, p. 354; am. 2014, ch. 239, sec. 1, p. 603; am. 2015, ch. 103, sec. 1, p. 246; am. 2018, ch. 122, sec. 1, p. 259; am. 2026, ch. 119, sec. 1, p. 600.]
(1) The state board of correction or any privatized medical provider under contract with the department of correction shall pay to a provider of a medical service, other than hospital inpatient or outpatient services, for any and all prisoners, committed to the custody of the department of correction, confined in a correctional facility, as defined in section 18-101A(1), Idaho Code, an amount equal to the reimbursement rates of the Idaho medicaid reimbursement fee schedule in place at the time services are provided. Hospitals shall be paid for inpatient and outpatient facility services provided to such prisoners in an amount equal to the interim Idaho medicaid rates in place at the time of service except for outpatient services paid by Idaho medicaid according to the Idaho medicaid fee schedule. These limitations apply to all medical care services provided outside the facility, including inpatient and outpatient hospitalizations, emergency services, professional services, durable and nondurable goods, prescription drugs and medications provided to any and all prisoners confined in a correctional facility, as defined in section 18-101A(1), Idaho Code. For services that are not included in the Idaho medicaid fee schedule or the interim Idaho medicaid rates, the state board of correction or any privatized medical provider under contract with the department of correction shall pay the reasonable value of such service. If a privatized medical provider is contracted with the department of correction, no hospital or any medical services provider shall be required to provide medical services to prisoners, except for emergency hospital services, in the absence of a contract between the privatized medical provider and the hospital or medical services provider. Any contract between the department of correction and a privatized medical provider must contain a requirement that the privatized medical provider enter into contracts with each hospital providing non-emergency services outside of the correctional facility. The contract between the privatized medical provider and the department of correction shall require, and the contracts between the privatized medical provider and any hospital or non-hospital providers shall include, at least the following terms reasonably and practicably consistent with those used by Idaho medicaid:
(a) Claims adjudication processing;
(b) Timing;
(c) Payment;
(d) Authorizations;
(e) Utilization review;
(f) Audit; and
(g) Appeals processes.
(2) Subsection (1) of this section shall apply only to companies, professional associations and other health care service entities whose services are billed directly to the department of correction or any privatized medical provider under contract with the department of correction. Subsection (1) of this section shall not apply to:
(a) Privatized correctional medical providers under contract with the department of correction to provide health care to prison inmates;
(b) Private prison companies;
(c) Out-of-state correctional facilities contracting with the department of correction to house prisoners;
(d) County jails; and
(e) Companies, professional associations and other health care service entities whose services are provided within the terms of agreements with privatized correctional medical providers under contract with private prison companies and county jails.
[20-237B, added 2005, ch. 157, sec. 1, p. 487; am. 2008, ch. 61, sec. 1, p. 153; am. 2018, ch. 321, sec. 2, p. 749.]
Upon the release of any convicted person upon parole the state board of correction shall provide him or her with necessary wearing apparel and may also provide him or her with a bus or railroad transportation ticket to the place designated for parole, together with sufficient cash to procure meals in transit. Upon final discharge from the penitentiary, the board shall provide the convicted person with similar clothing and may furnish transportation and cash for meals to his home, or to the place from which the convicted person was committed to the penitentiary.
[20-238, added 1947, ch. 53, sec. 38, p. 59.]
Any convicted person undergoing sentence in the penitentiary not sooner released under the provisions of this chapter, shall in accordance with the provisions of existing law, be discharged from custody upon serving a maximum sentence provided by law for the offense of which such person was convicted, or the maximum term fixed by the court where the law does not provide for a maximum term. Provided however, if the date of discharge from custody falls on a Saturday, Sunday or legal holiday, then the person may be discharged from custody on the last weekday immediately preceding such Saturday, Sunday or legal holiday.
[20-239, added 1947, ch. 53, sec. 39, p. 59; am. 2007, ch. 32, sec. 1, p. 74.]
Any convicted person undergoing sentence in the penitentiary who has a parole eligibility date which falls on a Saturday, Sunday or legal holiday may be granted a parole release date by the Idaho commission for pardons and parole which falls on the last weekday immediately preceding such Saturday, Sunday or legal holiday.
[20-239A, added 2008, ch. 42, sec. 1, p. 99.]
The state board of correction, with the written consent of the governor, shall have the power and it shall be its duty:
To accept from the United States of America or any of its agencies, such funds, equipment, and supplies as may be made available to this state for any of the purposes contemplated by law, and to enter into such contract and agreements with the United States or any of its agencies, or other states, as may be necessary, proper and convenient, not contrary to the laws of the state.
To enter into an agreement with the board of county commissioners of any county, or with the governing officials of any municipality of this state for the payment by said county or municipality of all or any part of the cost of performance by the state board of correction of any parole or probation services or the supervision of any parole or probation case arising within the said county or municipality, as the case may be, or the maintenance therein of work camps as authorized by law.
To accept any grant or donation of land or any gift of money or valuable thing made to the state for any of the purposes contemplated by law.
[20-241, added 1947, ch. 53, sec. 41, p. 59; am. 1970, ch. 143, sec. 12, p. 425; am. 1997, ch. 223, sec. 2, p. 656.]
The state board of correction shall have the power and it shall be its duty:
(1) To determine the availability of state facilities suitable for the detention and confinement of prisoners held under authority of state law. If the state board of correction determines that suitable state facilities are not available, it may enter into an agreement with the proper authorities of the United States, another state, a political subdivision of this state or another state, or a private prison contractor, to provide for the safekeeping, care, subsistence, proper government, discipline, and to provide programs for the reformation, rehabilitation and treatment of prisoners. Facilities made available to the state board of correction by agreement may be in this state, or in any other state, territory or possession of the United States. The state board of correction shall not enter into an agreement with an authority unable to provide the degree or kind of safekeeping, care and subsistence required by state or federal laws, the constitution of the state of Idaho, the United States constitution, and the rules adopted by the state board of correction. All contracts or agreements entered into by the state board of correction and a private prison contractor shall be subject to the provisions of this section and section 20-209, Idaho Code.
(a) An authority or private prison contractor, receiving physical custody for the purpose of incarceration of a person sentenced by a court under the terms of an agreement made under this section, shall be considered as acting solely as an agent of this state. This state retains jurisdiction over a person incarcerated in an institution of another state, the United States, a political subdivision of this state or another state, or of a private institution;
(b) The attorney general of this state shall enforce an agreement or contract made under this section in a civil suit.
(2) The state board of correction shall have the authority to enter into contracts with private prison contractors for the site selection, design, design/building, acquisition, construction, construction management, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services, subject to the following requirements and limitations:
(a) Any request for proposals, any original contract, any contract renewal, any price or cost adjustment or any other amendment to any contract for the incarceration of individuals in a private institution, shall be reviewed by the board of correction;
(b) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the state board of correction that the contractor possesses the necessary qualifications and experience to provide the services specified in the contract; that the contractor can provide the necessary qualified personnel to implement the terms of the contract; that the financial condition of the contractor is such that the terms of the contract can be fulfilled; that the contractor has the ability to comply with applicable court orders and corrections standards; and that the proposed private prison facilities or the correctional services proposed by the contractor meet constitutional minimums;
(c) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the state board of correction that the contractor can obtain insurance or provide self-insurance to indemnify the state against possible claims arising from the operation of prison facilities by the contractor, and to compensate the state for any losses incurred due to the operation of prison facilities;
(d) Contracts awarded to private prison contractors pursuant to the provisions of this section shall be entered into for a period specified in each contract, subject to availability of funds annually appropriated by the Idaho legislature for that purpose. No contract awarded pursuant to this section shall provide for the encumbrance of funds beyond the amount available for a fiscal year;
(e) A contract may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the effective date of the contract.
(3) Any contract between the state board of correction and a private prison contractor, whereby the contractor provides for the housing, care, and control of inmates in a nondepartmental facility operated by the contractor, shall contain, in addition to other provisions, terms and conditions:
(a) A requirement that the contractor is to provide said services in a facility which meets standards as required by the Idaho department of correction;
(b) If a private prison institution is to be located in the state of Idaho on private land, it shall be required that the contractor obtain written authorization from the governing board of any municipality in which the facility is to be located, or if the facility is not to be located within the municipality, written authorization from the board of county commissioners of the county in which the facility is to be located;
(c) A requirement that the private prison contractor shall provide training to its personnel to a level acceptable to the Idaho department of correction. The Idaho department of correction may provide training to the personnel of a private prison contractor and may charge a reasonable fee for the training, not to exceed the cost of training. The provisions of this section shall not be construed to confer peace officer status upon any employee of the private prison contractor or to authorize the use of firearms except to prevent escape from the facility or from custody while being transported to or from the facility or to prevent an act which would cause death or serious bodily injury to any person. The provisions of this section shall not be construed to confer Idaho state employee status upon any employee of the private prison contractor;
(d) A requirement that any private prison contractor operating a facility that houses prisoners pursuant to a contract between the contractor and the state board of correction shall cooperate with the Idaho department of correction for the prevention and suppression of serious disturbances, including riots, escapes, affrays or insurrections, at the private prison facilities. To effectuate this provision, the contract shall, at a minimum, provide:
(i) For participation by the private prison contractor in multiagency training for the preventing and responding to serious disturbances at a private prison facility;
(ii) For participation by the private prison contractor in multiagency agreements for the prevention of and response to serious disturbances at a private prison facility and reimbursement for emergency services provided by governmental entities;
(iii) For notification by the private prison contractor to the director of the Idaho department of correction in the event of a serious disturbance at a private prison facility and for consultation by the director of the Idaho department of correction with the private prison contractor prior to a response by the director of the Idaho department of correction;
(iv) That the private prison contractor shall provide access to the private prison facility for the Idaho department of correction and such other governmental entities or agencies as the Idaho department of correction may designate, including space to establish a command post, for responding to a serious disturbance;
(v) That, in the event of a serious disturbance, the private prison contractor shall participate in a unified command structure under the director of the Idaho department of correction until, in the director of the Idaho department of correction’s discretion, the serious disturbance is resolved.
(4) Contracts awarded under the provisions of this section shall, at a minimum, comply with the following:
(a) Provide for internal and perimeter security to protect the public, employees and inmates;
(b) Provide that the private prison contractor shall not benefit financially from the labor of inmates nor shall any inmate ever be placed in a position of authority over another inmate. Any profits realized from the operation of a prison enterprise program shall revert to the department of correction or appropriate governmental authority. Private prison contractors may work with the Idaho department of correction in setting up work and training programs. Private prison contractors shall be authorized to purchase services and commodities from the Idaho department of correction which are necessary for implementing work or training opportunities as outlined in this section;
(c) Impose discipline on inmates only in accordance with applicable Idaho department of correction rules and procedures;
(d) Provide proper food, clothing, housing and medical care as provided for in the contract.
(5) A private prison contractor, in carrying out its duties and responsibilities under contract with the state board of correction, shall not be bound by the enactments of the legislature which govern the appointment, qualifications, duties, salaries or benefits of wardens, managers or other correctional employees. No employee of the private prison contractor shall be considered an employee of the state of Idaho. A private prison contractor shall not employ any person who does not satisfy the board of correction’s personnel policies.
(6) The director of the Idaho department of correction or his designee shall monitor the performance of the private prison contractor. In all such contracts the state shall retain clear supervisory and monitoring powers over the operation and management of the private institutions to insure that the inmates are properly cared for and that the employees of the facility and the public are adequately protected. Included in the powers and responsibilities of the director of the Idaho department of correction or his designee when acting as the chief contract monitor of the private prison contract are:
(a) Approval of all inmate releases on furlough or work release;
(b) Approval of the type of work offenders may perform pursuant to this section and review and approval of any incentive pay plan presented by the private prison contractor for offender pay;
(c) Approval of the training program for the private prison contractor’s employees;
(d) A determination if the minimum requirements of the contract are being satisfactorily performed;
(e) Promulgation of rules interpreting or making specific application of the provisions of this section;
(f) A determination if appropriate policies and procedures of the Idaho department of correction are being followed by the private prison contractor and its personnel;
(g) The duty, as set forth in section 20-209B, Idaho Code, to prevent, control and suppress serious disturbances, including riots, escapes, affrays and insurrections at a private prison facility that houses prisoners pursuant to a contract between the private prison contractor and the state board of correction, that, in the director of the Idaho department of correction’s discretion, threaten the health, safety, security and property of the facility, facility staff, prisoners, the public and the state of Idaho. This duty shall be exercised in the director of the Idaho department of correction’s discretion after consultation with the private prison contractor. The director of the Idaho department of correction shall designate personnel and facilities under the control of the state board of correction and shall enter into such agreements as deemed necessary with other governmental entities, to respond to serious disturbances at a private prison facility.
(7) No contract for correctional services may authorize, allow, or imply a delegation of authority or responsibility to a private prison contractor which would allow the contractor to:
(a) Develop or implement procedures for calculating inmate release dates;
(b) Approve the type of work inmates may perform and the wages which may be given to inmates engaging in the work;
(c) Place an inmate under less restrictive custody or more restrictive custody or take any disciplinary actions contrary to rules and procedures approved by the Idaho department of correction;
(d) Develop or implement procedures regarding the care, custody and treatment of inmates which are contrary to the Idaho department of correction’s policies and procedures, state or federal law.
(8) Any offense, which if committed in a state institution or facility would be a crime, including escape, shall also be a crime if committed by or with regard to offenders assigned to an institution or facility operated pursuant to a contract between the state and a private prison contractor.
(9) Any reference in the Idaho Code to imprisonment in a state penitentiary, or state prison, or incarceration under the control and custody of the Idaho board of correction shall be interpreted to include incarceration in a private prison facility.
[20-241A, added 1997, ch. 223, sec. 3, p. 657; am. 2010, ch. 351, sec. 3, p. 916.]
(1) When a person is committed to the custody of the state board of correction, the board may, upon conditions which it may impose, direct that the person be permitted to continue in his regular employment, work project, or educational program, if that is compatible with the requirements of subsection (3) of this section, or may authorize the person to secure employment for himself.
(2) If the board directs that the prisoner be permitted to continue in his regular employment or education, the board shall arrange for a continuation of the employment or education so far as possible without interruption. If the prisoner does not have regular employment, and the board has authorized the prisoner to secure employment for himself, the prisoner may do so, and the board may assist him in doing so. A prisoner who secures employment with a private employer shall receive the same salary range offered to other similarly situated employees based on experience, education, and other qualifications. An employed prisoner shall have available to him all the benefits offered to other similarly situated employees, such as health care benefits, paid leave, flexible spending accounts, and life insurance. If an employed prisoner elects to participate in an optional benefit, he shall have the same financial responsibility as his coworkers to pay for insurance premiums and copayments for services received. Employed prisoners who elect private health insurance shall list the board as a secondary payer.
(3) Whenever the prisoner is not employed and between the hours or periods of employment, work project, or schooling, he shall be domiciled in a jail, facility, or residence as directed by the board of correction.
(4) The earnings of the prisoner shall be retained by the prisoner under such terms and conditions as the board may impose. From such earnings the board may require that:
(a) The prisoner pay an amount to the board of correction sufficient for the prisoner’s board and personal expenses, both inside and outside the jail, facility, or residence, including costs of administering such prisoner’s work furlough program;
(b) The prisoner provide for the reasonable and adequate support and maintenance of the prisoner’s dependents;
(c) The prisoner pay preexisting debts;
(d) The prisoner deposit earnings in a financial institution.
(5) If the prisoner violates the conditions established for his conduct, custody or employment, the board may order the balance of the prisoner’s sentence to be spent in actual confinement.
(6) The willful failure of a prisoner to return to the place of confinement no later than the expiration of any period during which he is authorized to be away from the place of confinement under this section is an escape from the place of confinement and is punishable as provided by section 18-2505, Idaho Code.
(7) A furlough may be revoked by the board at any time without notice or hearing.
[20-242, added 1947, ch. 53, sec. 42, p. 59; am. 1970, ch. 143, sec. 13, p. 425; am. 1979, ch. 215, sec. 1, p. 599; am. 1984, ch. 58, sec. 1, p. 106; am. 2024, ch. 196, sec. 1, p. 701.]
The board of correction is hereby authorized to institute an incentive pay program for those inmates performing work at the direction of the board of correction in jobs not associated with correctional industry employment.
Such compensation, if any, shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance.
Nothing in this section is intended to restore, in whole or in part, the civil rights of any inmate. No inmate compensated under this section shall be considered an employee of the state or the board of correction, nor shall any inmate be eligible for worker’s compensation under title 72, Idaho Code, or be entitled to any benefits thereunder whether on behalf of himself or any other person.
[20-242A, added 1970, ch. 16, sec. 1, p. 31; am. 1972, ch. 234, sec. 1, p. 615; am. 2015, ch. 111, sec. 1, p. 279.]
When any convicted person is delivered to the penitentiary or to the custody of the board of correction, the officer having the prisoner in charge shall deliver to the state board of correction or such official, as the board may designate:
(1) A certified copy of the commitment received by such officer from the clerk of the court where the convicted person was tried, and such certified copy of the commitment shall be evidence of the fact therein contained;
(2) A copy or summary of such medical records of the prisoner as may have been prepared or received by the agency or institution from whose custody the prisoner is being delivered, including at least a written report of any suicide attempts, abnormal behavior, seizures or other significant facts affecting the prisoner’s medical condition which were observed during his confinement prior to the delivery;
(3) All unused portions of medications prescribed to the prisoner while in custody and any legitimate prescription medication in the prisoner’s possession when taken into custody;
and shall take from such official a certificate of the delivery of such convicted person.
[20-243, added 1947, ch. 53, sec. 43, p. 59; am. 1970, ch. 143, sec. 14, p. 425; am. 1982, ch. 98, sec. 1, p. 277.]
The state board of correction shall make and adopt such rules and regulations for the government and discipline of the correctional facility as they may consider expedient, and from time to time, change and amend the same as circumstances may require. A printed copy of the rules and regulations shall be furnished to every officer and guard at the time he is appointed, and so much thereof as relates to the duties and obligations of the convicted persons shall be given to the convicted person upon reception at the state’s correctional institutions.
[20-244, added 1947, ch. 53, sec. 44, p. 59; am. 1984, ch. 178, sec. 1, p. 425.]
(1) Offender labor on state projects. The state board of correction shall have the authority to use, under such rules as they may prescribe, the labor of offenders either within or without the walls of the penitentiary and on all public works done under the direct control of the state; that offender labor under control of the state board of correction shall manufacture and repair state highway signs, except for highways and projects where federal regulations would prohibit the use of signs so manufactured; provided, that so far as practicable any manufacture conducted within the walls shall be in connection with metal motor license plates, road or street signs furnished by the state or used by its municipalities, wearing apparel, articles and containers, for state use in the various departments or institutions of the state not for sale upon the open market. When any product produced by the offender shall be used by any department or other institution of the state, the current appropriation shall receive from such department or institution such reimbursement therefor as may be fixed by the state board of correction with the approval of the state board of examiners.
(2) Offender labor on community service projects. The state board of correction shall have the authority to assign parolees under department of correction supervision, probationers under court order or department of correction supervision and offender residents of community work centers under the direction or order of the board of correction, as community service workers as set forth in section 72-102(5), Idaho Code. The state board of correction shall have the authority to charge offenders performing community service work an hourly fee in an amount to be determined by the state insurance fund, to be remitted to the state insurance fund for purposes of providing worker’s compensation insurance for parolees, probationers or community work center residents assigned as community service workers.
[20-245, added 1947, ch. 53, sec. 45, p. 59; am. 1957, ch. 207, sec. 1, p. 434; am. 2004, ch. 149, sec. 2, p. 483; am. 2006, ch. 206, sec. 3, p. 633; am. 2021, ch. 82, sec. 3, p. 271.]
All transactions and dealings of the state penitentiary and its properties shall be conducted in the name of the board of correction. The board shall be capable in law of suing in all courts and places in all matters concerning the said penitentiary and is hereby authorized to sue for and recover all sums of money or property due from any person to the people of the state on account of said penitentiary.
[20-246, added 1949, ch. 67, sec. 1, p. 113; am. 1969, ch. 419, sec. 9, p. 1160.]
Any person committed to the state penitentiary whose presence may be seriously detrimental to the well-being of the state penitentiary or who wilfully and persistently refuses to obey the rules and regulations of the state penitentiary or who is considered an incorrigible inmate may, upon written certification from the state board of correction, be transferred to a federal penal or correctional institution, provided the attorney general of the United States accepts such application and transfer.
[20-247, added 1963, ch. 107, sec. 1, p. 329.]
The state board of correction is hereby authorized to contract with the attorney general of the United States or such officer as the Congress may designate under the provisions of title 18, section 5003 of the United States Code, and acts supplementary and amendatory thereof, in each individual case for the care, custody, subsistence, education, treatment and training of any prisoner transferred under the provisions of this act. The contract shall provide for the reimbursement of the United States in full for all costs or other expenses to be paid from the appropriation for the operation of the state penitentiary. The state board of corrections shall affix to such contract a copy of the commitment or commitments under which the prisoner is held and the same along with the contract of transfer shall be sufficient authority for the United States to hold said prisoner on behalf of the state of Idaho.
[20-248, added 1963, ch. 107, sec. 2, p. 329.]
Any prisoner transferred under this act shall be subject to the terms of his original sentence or sentences as if he were serving the same within the confines of the Idaho state penitentiary. Nothing herein contained shall deprive such prisoner of his rights to parole or his rights to legal process in the courts of this state.
[20-249, added 1963, ch. 107, sec. 3, p. 329.]
The department of correction shall report to the legislature by February 1 of each year on the amount of savings generated and on the prison population impact under the policy framework of this act for the purpose of tracking the progress toward meeting the impact estimates and goals of the act.
[20-250, added 2014, ch. 150, sec. 20, p. 431.]
(1) As used in this section:
(a) "Correctional facility" means a facility incarcerating state inmates under the control of the Idaho department of correction.
(b) "Mitigation measures" means actions, such as jamming, that are taken to cause electronic interference to neutralize, intercept, disable, or disrupt an unmanned aircraft system in order to prevent illegal or harmful activity.
(c) "Nefarious manner" means a manner in which an unmanned aircraft system is used for an illegal, dangerous, or harmful purpose. Such purpose may include but is not limited to spying, smuggling contraband, facilitating criminal activity, or posing a direct threat to public safety or security of a correctional facility.
(d) "Restricted airspace" means the airspace from the surface to a height of four hundred (400) feet above ground level within the defined perimeter of a correctional facility.
(2) The department of correction or a law enforcement officer or agency may take reasonable and necessary mitigation measures against a threat posed by an unmanned aircraft system operating in a nefarious manner within restricted airspace within this state as long as it does not conflict with federal law.
(3) The department of correction or a law enforcement officer or agency may act pursuant to subsection (2) of this section only if there is reasonable suspicion that the unmanned aircraft system is operating in a nefarious manner within the restricted airspace of any department of correction facility where prisoners are held. The department of correction or a law enforcement officer or agency shall not be liable for any loss of or damage to an unmanned aircraft system due to mitigation measures taken pursuant to this section. The department of correction shall post notices on roads near correctional facilities that the area is a "Drone No Fly Zone."
(4) The use of an unmanned aircraft system within the restricted airspace of a correctional facility shall be unlawful. Whoever commits the crime of unlawful use of an unmanned aircraft system within the restricted airspace of a correctional facility shall be guilty of a misdemeanor and shall be fined no more than one thousand dollars ($1,000), imprisoned in the county jail for no more than six (6) months, or by both such fine and imprisonment. In addition to the sentence imposed pursuant to this subsection, the court may order the forfeiture of the unmanned aircraft system used in connection with the unlawful act.
(5) It shall be the responsibility of unmanned aircraft system operators to be familiar with all airspace restrictions and the location of correctional facilities and all other restricted airspace when operating unmanned aircraft systems. Lack of knowledge that the prohibited act occurred within the restricted airspace of the correctional facility shall not be a defense.
[20-251, added 2026, ch. 233, sec. 1, p. 1013.]
The governor of this state is hereby authorized and directed to execute a compact on behalf of the state of Idaho with any of the United States legally joining therein in the form substantially as follows:
ARTICLE I
PURPOSE
The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an interstate commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no "right" of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(1) "Adult" means both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.
(2) "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling the interstate commission’s actions or conduct.
(3) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact who is responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
(4) "Compacting state" means any state which has enacted the enabling legislation for this compact.
(5) "Commissioner" means the voting representative of each compacting state appointed pursuant to article III of this compact.
(6) "Interstate commission" means the interstate commission for adult offender supervision established by this compact.
(7) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(8) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact.
(9) "Offender" means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
(10) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.
(11) "Rules" means acts of the interstate commission, duly promulgated pursuant to article VIII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.
(12) "State" means a state of the United States, the District of Columbia and any other territorial possessions of the United States.
(13) "State council" means the resident members of the state council for interstate adult offender supervision created by each state under article IV of this compact.
ARTICLE III
THE COMPACT COMMISSION
(1) The compacting states hereby create the "Interstate Commission for Adult Offender Supervision." The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(2) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state.
(3) In addition to the commissioners who are the voting representatives of the compacting states, the interstate commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.
(4) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
(5) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(6) The interstate commission shall establish an executive committee which shall include commission officers, members and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission; and performs other duties as directed by the commission or set forth in the bylaws.
ARTICLE IV
THE STATE COUNCIL
(1) Each member state shall create a state council for interstate adult offender supervision which shall be responsible for the appointment of the commissioner who shall serve on the interstate commission from that state. Each state council shall appoint the compact administrator from that state as its commissioner to serve on the interstate commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one (1) representative from the legislative, judicial, and executive branches of government, victims groups and (the) compact administrator(s). Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the state council or by the governor in consultation with the legislature and the judiciary.
(2) In addition to appointment of its commissioner to the interstate commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(1) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission;
(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;
(3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the commission;
(4) To enforce compliance with compact provisions, interstate commission rules, and bylaws, using all necessary and proper means including, but not limited to, the use of judicial process;
(5) To establish and maintain offices;
(6) To purchase and maintain insurance and bonds;
(7) To borrow, accept or contract for services of personnel including, but not limited to, members and their staffs;
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel;
(10) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same;
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(13) To establish a budget and make expenditures and levy dues as provided in article X of this compact;
(14) To sue and be sued;
(15) To provide for dispute resolution among compacting states;
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;
(17) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;
(18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity;
(19) To establish uniform standards for the reporting, collecting and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(1) The interstate commission shall, by a majority of the members, within twelve (12) months of the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(a) Establishing the fiscal year of the interstate commission;
(b) Establishing an executive committee and such other committees as may be necessary;
(c) Providing reasonable standards and procedures:
(i) For the establishment of committees; and
(ii) Governing any general or specific delegation of any authority or function of the interstate commission;
(d) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
(e) Establishing the titles and responsibilities of the officers of the interstate commission;
(f) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the interstate commission;
(g) Providing a mechanism for winding up the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
(h) Providing transition rules for "start up" administration of the compact;
(i) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(2) The interstate commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
(3) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but shall not be a member.
(4) The interstate commission shall maintain its corporate books and records in accordance with the bylaws.
(5) The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(6) The interstate commission shall defend the commissioner of a compacting state, or the commissioner’s representatives or employees, or the interstate commission’s representatives or employees, in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
(7) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
(1) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact.
(2) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.
(3) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
(4) The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.
(5) The interstate commission shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(6) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the government in sunshine act, 5 U.S.C. section 552(b), as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds (2/3) vote that an open meeting would be likely to:
(a) Relate solely to the interstate commission’s internal personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial information which is privileged or confidential;
(d) Involve accusing any person of a crime, or formally censuring any person;
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) Disclose investigatory records compiled for law enforcement purposes;
(g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;
(h) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;
(i) Specifically relate to the interstate commission’s issuance of a subpoena, or its participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the interstate commission’s chief legal officer shall publicly certify that, in the officer’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.
(7) The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(8) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(1) The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.
(2) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal administrative procedure act, 5 U.S.C.S. section 551 et seq., and the federal advisory committee act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter "APA").
(3) All rules and amendments shall become binding as of the date specified in each rule or amendment.
(4) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
(5) When promulgating a rule, the interstate commission shall:
(a) Publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;
(b) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;
(c) Provide an opportunity for an informal hearing; and
(d) Promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.
(6) Not later than sixty (60) days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission’s principal office is located for judicial review of such rule. If the court finds that the interstate commission’s action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.
(7) Subjects to be addressed within twelve (12) months after the first meeting must at a minimum include:
(a) Notice to victims and opportunity to be heard;
(b) Offender registration and compliance;
(c) Violations/returns;
(d) Transfer procedures and forms;
(e) Eligibility for transfer;
(f) Collection of restitution and fees from offenders;
(g) Data collection and reporting;
(h) The level of supervision to be provided by the receiving state;
(i) Transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact.
(j) Mediation, arbitration and dispute resolution.
(8) The existing rules governing the operation of the previous compact superseded by this act shall be null and void twelve (12) months after the first meeting of the interstate commission created hereunder.
(9) Upon determination by the interstate commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption; provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but in no event later than ninety (90) days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
(1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(3) The compacting states shall report to the interstate commission on issues or activities of concern to them, and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.
(4) The interstate commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states.
(5) The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(6) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII, of this compact.
ARTICLE X
FINANCE
(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(2) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(3) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, as defined in article II of this compact, is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(3) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided, that a compacting state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal is the effective date of the repeal.
(2) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof.
(3) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal.
(4) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state’s reenactment of the compact or upon such later date as determined by the interstate commission.
(5) If the interstate commission determines that any compacting state has at any time defaulted ("defaulting state") in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties:
(a) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission;
(b) Remedial training and technical assistance as directed by the interstate commission;
(c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council.
(6) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws, or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.
(7) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state’s legislature and the state council of such termination.
(8) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations the performance of which extends beyond the effective date of termination.
(9) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.
(10) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
(11) The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(12) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one (1) compacting state. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(2) The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states’ laws conflicting with this compact are superseded to the extent of the conflict.
(3) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.
(4) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
(5) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
(6) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
[20-301, added 2000, ch. 413, sec. 2, p. 1307.]
This act may be cited as the "Interstate Compact for Adult Offender Supervision."
[20-302, added 2000, ch. 413, sec. 3, p. 1320.]
This act shall be known and cited as the "Idaho Correctional Industries Act."
[20-401, added 1974, ch. 48, sec. 2, p. 1096; am. 2020, ch. 83, sec. 2, p. 217.]
As used in this chapter:
(1) "Agricultural employer" is as defined in section 44-1601, Idaho Code.
(2) "Agricultural products" is as defined in section 22-2602, Idaho Code.
(3) "Board" means the state board of correction.
(4) "Correctional institution products" means all services and labor provided, goods, wares, and merchandise manufactured or produced wholly or in part, except "hobby-craft" articles, by trainees in the Idaho correctional industries training program.
(5) "Enterprise" means an operation, including services and labor, or a group of closely related operations.
(6) "Telecommunications service" means work, labor, or any other act or practice provided or performed by a trainee by means of a telephone or similar technology to or on behalf of a consumer or private employer.
(7) "Trainee" means an inmate enrolled in an Idaho correctional industries training program.
[20-402, added 1974, ch. 48, sec. 2, p. 1096; am. 2020, ch. 83, sec. 3, p. 217; am. 2022, ch. 88, sec. 1, p. 252.]
There is hereby created the governing body which shall consist of the members of the board of correction.
[I.C., sec. 20-403, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 1, p. 221.]
The authority and duties established in this chapter are vested in the board of correction.
[20-404, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 2, p. 221; am. 2020, ch. 83, sec. 4, p. 218.]
The board of correction shall be the governing body of correctional industries. The board 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.
[I.C., sec. 20-405, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 3, p. 221.]
All members shall also receive their actual and necessary expenses of travel and accommodations incurred in attending meetings of the board, attending other functions related to correctional industries, and in making investigations, either as a board or individually as members of the board at the request of the chairman.
[20-406, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 4, p. 221; am. 2020, ch. 83, sec. 5, p. 218.]
(1) The jurisdiction of the board of correction may extend to all productive enterprises in the prison facilities.
(2) At each regular meeting of the board, the chairman shall report on the condition of each enterprise.
[20-407, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 5, p. 222; am. 2020, ch. 83, sec. 6, p. 218.]
The board of correction shall:
(1) Recommend productive enterprises in such volume and of such kinds as to eliminate unnecessary idleness among the inmates and to provide diversified work activities that will serve as a means of vocational education and rehabilitation, as well as financial support;
(2) Determine the advisability and suitability of establishing, expanding, diminishing, or discontinuing any enterprise;
(3) Hold hearings and make rules for conducting such hearings. The board may, in its discretion, hold public hearings on any subject within its jurisdiction;
(4) Conduct programs of research, education and publicity for correctional industries products;
(5) Secure new markets for correctional industries products;
(6) Enter into such contracts and agreements as may be necessary or advisable pursuant to the provisions of this chapter;
(7) Appoint and employ all necessary officers, agents and other personnel, including any experts in any correctional industries enterprise pursuit, prescribe their duties and fix their compensation;
(8) Cooperate with any local, state or national organization or agency and to enter into contracts and agreements with such agencies for carrying on and promoting the purposes of this chapter;
(9) Adopt, rescind, modify and amend all necessary and proper orders, rules and regulations for the exercise of its powers and the performance of its duties as described in this section; and
(10) Keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all collections, receipts, deposits, withdrawals, disbursements, paid-outs, moneys, and other financial transactions made and done pursuant to this chapter. The books, records and accounts shall be open to inspection and audit by the legislative council and the public at all times.
[20-408, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 6, p. 222; am. 1993, ch. 327, sec. 5, p. 1198; am. 2010, ch. 252, sec. 1, p. 642; am. 2020, ch. 83, sec. 7, p. 218.]
The expenses of the board shall be paid from the correctional industries betterment account.
[I.C., sec. 20-409, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 7, p. 223; am. 1983, ch. 223, sec. 2, p. 619.]
The board may, in its discretion, insure any or all products produced at any institution under the jurisdiction of the board of correction, whether the products are finished or unfinished, the materials from which such products are made or to be made, and the equipment necessary for the production thereof, against any and all risks of loss, wherever such products, materials or equipment are located, while in the possession of the institution and while in transit thereto or therefrom, or in storage, in such amounts as the board deems proper. The cost of such insurance shall be paid from the correctional industries betterment account.
[I.C., sec. 20-411, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 9, p. 223; am. 1983, ch. 223, sec. 3, p. 619.]
(1) Each trainee engaged in an Idaho correctional industries training program authorized by this chapter may receive for his participation such training stipend as the board shall determine, to be paid out of any funds available in the correctional industries betterment account. Such training stipend, if any, shall be in accordance with a graduated schedule based on knowledge, ability, and skills required for its performance. The training stipend shall be credited to a trainee’s inmate account pursuant to section 20-209H, Idaho Code, and as otherwise authorized by law or by rule adopted by the board, and paid from the correctional industries betterment account.
(2) Nothing in this section or in this chapter is intended to restore, in whole or in part, the civil rights of any trainee. No trainee who receives a training stipend under this chapter shall be considered to be an employee of or employed by the state, the board of correction, or any private agricultural employer that is a party to a contract with Idaho correctional industries pursuant to section 20-413A, Idaho Code. No trainee engaged in an Idaho correctional industries training program as authorized by this chapter shall be entitled to worker’s compensation benefits or unemployment compensation under this chapter or chapter 13, title 72, Idaho Code, whether on behalf of himself or any other person, except as may be required for training programs certified by the prison industry enhancement certification program.
[20-412, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 10, p. 223; am. 1983, ch. 223, sec. 4, p. 619; am. 2015, ch. 125, sec. 1, p. 318; am. 2020, ch. 83, sec. 9, p. 219.]
The board is hereby authorized and empowered to cause the inmates in the state prison to be employed in the rendering of such services and in the production and manufacture of such articles, materials, and supplies as are now or may hereafter be needed by any public institution or agency of the state or any political subdivision thereof, including but not limited to counties, districts, municipalities, schools, nonprofit organizations, and other public use. The board may cause the inmates to be employed in rendering such services or producing and manufacturing such articles, materials, and supplies as are now or may hereafter be needed for use by the federal government for any department, agency or corporation thereof. The board may contract to sell products manufactured by correctional industries to retail or wholesale establishments within the state. The board or its designated agent may enter into contracts for the purposes of this article.
The board may contract with other state and federal penal institutions and with out-of-state governmental entities for the production, manufacture, exchange, sale, or purchase of goods, wares and merchandise manufactured or produced wholly or in part by inmates of the Idaho state penitentiary or of any state or federal penal institution.
[I.C., sec. 20-413, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1978, ch. 147, sec. l, p. 329; am. 1980, ch. 101, sec. 11, p. 224; am. 1981, ch. 155, sec. 1, p. 267.]
(1) The board may establish training programs with certain private employers as authorized in this section. Authorized training programs shall include:
(a) Contracts with private agricultural employers for the use of trainees in the production, harvesting, and processing of agricultural products; and
(b) Contracts with private employers for the use of trainees to provide telecommunication services at a call or contact center established at a facility controlled by the board or at a private employer’s place of business.
(2) The use of trainees may not result in the displacement of employed workers within the local region in which the training program is operated.
(3) The board shall establish by rule factors to be considered by the board prior to entering into such contract, including but not limited to ensuring that employed workers are not displaced, inmate safety, compliance with industry regulations, and any security risks and needs. All moneys derived from such contracts shall be deposited into the correctional industries betterment account established in section 20-415, Idaho Code.
(4) Trainees shall receive a stipend for their participation pursuant to section 20-412, Idaho Code. The board shall establish by rule factors to be considered in dispersing trainee earnings. Deductions shall be made for:
(a) Reducing or offsetting costs of incarceration from the general fund;
(b) Satisfying court-ordered restitution, fines and other legal judgments;
(c) Providing resources for successful reentry by inmates;
(d) Reentry savings; and
(e) Any other deduction otherwise authorized by law or adopted by rule of the board.
[20-413A, added 2014, ch. 282, sec. 1, p. 716; am. 2020, ch. 83, sec. 10, p. 219; am. 2022, ch. 88, sec. 2, p. 252.]
All articles, materials, and supplies produced or manufactured under the provisions of this chapter shall be solely and exclusively for public or nonprofit organization use and no article, material, or supplies produced or manufactured under the provisions of this chapter shall ever be sold, supplied, furnished, and exchanged, or given away for any private use or profit, except as allowed by section 20-413, Idaho Code. However, by-products and surpluses of agricultural and animal husbandry enterprises may be sold to private persons, at private sale, under rules prescribed by the board of correction.
[20-414, added 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 12, p. 224; am. 2020, ch. 83, sec. 11, p. 220.]
Funds held by the board of correction on June 30, 1983, in depositories, shall be transferred therefrom by the board of correction, and deposited on July 1, 1983, with the treasurer of the state of Idaho in the correctional industries betterment account which is hereby created in the agency asset fund. All state departments, agencies and offices affected by such transfer are authorized and directed to enter such transfer on their books, records and accounts.
Pending use, surplus moneys in the account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the account.
[I.C., sec. 20-415, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 13, p. 225; am. 1983, ch. 223, sec. 5, p. 620.]
(1) All funds transferred under the provisions of this act and moneys received for sale of goods or services under the provisions of this chapter shall be deposited in the correctional industries betterment account. The board may adopt, rescind, modify and amend regulations not inconsistent with this act and the laws of the state of Idaho related to the deposit or disposition of funds in the correctional industries betterment account. All moneys received under the provisions of this chapter shall be deposited in the account and made available for defraying expenses or repaying indebtedness of the board in carrying out the provisions of this chapter.
(2) All salaries, costs and expenses incurred by the board in performing its duties and exercise of power under this chapter shall be paid out of the correctional industries betterment account.
(3) Subject to the provisions of this act pertaining to annual audit and established accounting procedures, the correctional industries betterment account is exempted from powers and duties of the state purchasing agent, as enumerated in chapter 16, title 67, Idaho Code.
(4) Surplus moneys in the correctional industries betterment account may be expended by the board for the use and benefit of vocational training and educational programs.
[I.C., sec. 20-416, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 15, p. 225; am. 1983, ch. 223, sec. 7, p. 620.]
Each and every article manufactured under the provisions of this act shall have plainly marked or stamped thereon the words "Idaho Correctional Industries."
[I.C., sec. 20-417, as added by 1974, ch. 48, sec. 2, p. 1096.]
The board shall from time to time determine the price at which such services, articles, materials, and supplies shall be sold.
[I.C., sec. 20-418, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1980, ch. 101, sec. 16, p. 226.]
All moneys transferred to or hereafter placed in the correctional industries betterment account are hereby perpetually appropriated for the use and purposes specified in this chapter. The correctional industries betterment account or any surplus funds in said account shall not revert to the state general account.
[I.C., sec. 20-419, as added by 1974, ch. 48, sec. 2, p. 1096; am. 1983, ch. 223, sec. 8, p. 621.]
(1) It is the policy of the state of Idaho that the juvenile corrections system will be based on the following principles: accountability, community protection, and competency development. Where a juvenile has been found to be within the purview of the juvenile corrections act, the court shall impose a sentence that will protect the community, hold the juvenile offender accountable for his actions, and assist the juvenile offender in developing skills to become a contributing member of a diverse community. It is the further policy of the state of Idaho that the parents or other legal guardians of the juvenile offender participate in the accomplishment of these goals through participation in counseling and treatment designed to develop positive parenting skills and an understanding of the family’s role in the juvenile offender’s behavior. It is the further intent of the legislature that the parents of the juvenile offender be held accountable, where appropriate, through monetary reimbursement for supervision and confinement of the juvenile offender and restitution to victims of the juvenile offender’s delinquent acts. In enacting this legislation, the legislature finds that the juvenile corrections system should encompass the following aspects: diversion, day treatment, community programs, observation and assessment programs, probation services, secure facilities, aftercare, and assistance to counties for juvenile offenders not committed to the custody of the department of juvenile corrections.
(2) The following is a brief description of what the legislature intends to become the components of Idaho’s juvenile corrections system:
(a) Diversion. An alternative to formal prosecution of a juvenile offense. Diversions seek to hold a juvenile accountable for his actions through various interventions while redirecting youth away from formal processing in the juvenile justice system.
(b) Probation. Probation officers have twenty-four (24) hour on-call responsibility for juvenile offenders and monitor their activities on a continual basis. Probation officers are responsible for assisting juvenile offenders and their families in accessing counseling or treatment resources, close supervision of juvenile offenders’ activities, supervision of restitution, and coordination of other services provided to juvenile offenders. Juvenile offenders ordered into the custody of the department of juvenile corrections would be monitored by a county probation officer.
(c) Day treatment. Day treatment programs are time-limited nonresidential treatment and educational programs. Included in these programs may be trackers who provide intensive supervision of juvenile offenders through daily contact and by counseling juvenile offenders regarding employment, education, courts, family, and life skills. Nonresidential alcohol and drug programs provide outpatient assessment and counseling for juvenile offenders with substance abuse problems.
(d) Community programs. It is intended that community programs will exist throughout the state to provide residential supervision and treatment options to juvenile offenders in close proximity to their families and their community. It is intended that these programs will strengthen the juvenile offender’s relationship with family, engender a commitment to school and employment, promote the development of competency and life skills, and help juvenile offenders generalize appropriate behavior into their environment.
(e) Observation and assessment. Regional observation and assessment centers are provided, either directly or on a contract basis, to conduct observation and assessment of the juvenile offender in a short-term residential experience. It is intended that these programs would maintain standardized home and daily routines with intensive daily programming.
(f) Secure facilities. Secure facilities provide secure confinement, discipline, education and treatment of the most seriously delinquent juvenile offenders. Programs at the secure facilities are designed to help juvenile offenders recognize accountability for delinquent behavior by confronting and eliminating delinquent norms, criminal thinking, and antisocial behavior and by making restitution to victims through community service or other restitution programs.
(3) It is the further intent of the legislature that the primary purpose of this act is to provide a continuum of programs that emphasize the juvenile offender’s accountability for his actions while assisting him in the development of skills necessary to function effectively and positively in the community in a manner consistent with public safety. These services and programs will individualize treatment and control of the juvenile offender for the benefit of the juvenile offender and the protection of society. It is legislative intent that the department of juvenile corrections be operated within the framework of the following principles to accomplish this mission:
(a) Provide humane, disciplined confinement to a juvenile offender who presents a danger to the community.
(b) Strengthen opportunities for the juvenile offender’s development of competency and life skills by expanding the juvenile offender’s access to applicable programs and community resources.
(c) Hold juvenile offenders accountable for their delinquent behavior through such means as victim restitution, community service programs and the sharing of correctional costs.
(d) Invoke the participation of the juvenile offender’s parent or legal guardian in assisting the juvenile offender to recognize and accept responsibility for his delinquent or other antisocial behavior and hold the parent accountable, where appropriate, through the payment of detention costs and restitution to victims and through attendance at programs for the development of positive parenting skills designed to promote a functional relationship between the juvenile offender and his family.
(e) Develop efficient and effective juvenile correctional programs within the framework of professional correctional standards, legislative intent and available resources.
(f) Provide for a diversity of innovative and effective programs through research on delinquent behavior and the continuous evaluation of correctional programs. Innovative and effective programs should be evidence-based, as demonstrated through empirical research.
(g) Assist counties in developing meaningful programs for juvenile offenders who have come into the juvenile corrections system but who have not been committed to the custody of the department of juvenile corrections.
(h) Provide programs to increase public awareness of the mission of the juvenile corrections system and to encourage public participation in developing an effective juvenile corrections system designed to aid in reducing juvenile crime in this state.
(i) Develop and maintain a statewide juvenile offender information system.
[(20-501), added 1963, ch. 319, sec. 1, p. 876; am. 1984, ch. 81, sec. 2, p. 149; am. 1989, ch. 155, sec. 1, p. 372; am. and redesig. 1995, ch. 44, sec. 2, p. 68; am. 2012, ch. 19, sec. 1, p. 39; am. 2012, ch. 257, sec. 5, p. 710; am. 2021, ch. 18, sec. 1, p. 41.]
When used in this chapter, unless the context otherwise requires:
(1) "Adult" means a person eighteen (18) years of age or older.
(2) "Assessment" means a comprehensive and individualized examination of the mental health, substance use, or other needs for a juvenile that typically results in treatment interventions and recommendations.
(3) "Commit" means to transfer legal custody.
(4) "Community-based program" means an in-home confinement program or a nonsecure or staff-secure residential or nonresidential program operated to supervise and provide competency development to juvenile offenders in the least restrictive setting, consistent with public safety, operated by the state or under contract with the state or by the county.
(5) "Court" means any district court within the state of Idaho or magistrate division thereof.
(6) "Custody review board" means the board created and authorized by law to review cases of juveniles in custody of the department.
(7) "Department" means the state department of juvenile corrections.
(8) "Detention" means the temporary placement of juvenile offenders who require secure custody for their own or the community’s protection in physically restricting facilities.
(9) "Director" means the director of the department of juvenile corrections.
(10) "Diversion" means an alternative to formal prosecution of a juvenile offense. Diversion describes intervention approaches that redirect juveniles away from formal court processing in the juvenile justice system while applying the principles of the balanced approach and restorative justice. Diversion strategies take place at arrest, referral, intake, or prior to or after the filing of a petition and should provide the same array of services as formal court processing, except for detention. Diversion may be appropriate for low-risk or moderate-risk offenders as informed by results of a valid screening instrument.
(11) "Judge" means a district judge or a magistrate.
(12) "Juvenile" means a person less than eighteen (18) years of age or who was less than eighteen (18) years of age at the time of any alleged act, omission or status.
(13) "Juvenile correctional center" means any state-operated residential facility or facility operated pursuant to a contract with the state that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.
(14) "Juvenile detention center" means a secure facility established pursuant to sections 20-517 and 20-518, Idaho Code, and in compliance with IDAPA 05.01.02.
(15) "Juvenile offender" means a person under the age of eighteen (18) years at the time of any act, omission or status and who has been adjudicated as being within the purview of this chapter.
(16) "Legal custody" means the relationship created by the court’s decree that imposes upon the custodian responsibilities of physical possession of the juvenile offender, the duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care.
(17) "Legal guardian" means a person appointed as guardian of a minor under the laws of Idaho. For the purposes of this chapter, legal guardian does not include and shall not be construed to include the owner or operator or the agent of an owner or operator of a detention center, observation and assessment center, secure facility, residential facility or other facility having temporary or long-term physical custody of the juvenile offender.
(18) "Observation and assessment program" means any state-operated or purchased service program responsible for temporary custody of juvenile offenders for observation and assessment.
(19) "Screening" means a brief process, typically using a validated tool to identify juveniles who warrant immediate attention, intervention, or a more comprehensive assessment. Screening tools help guide and identify juveniles who might be appropriate for diversion or who need comprehensive mental health or substance use assessments.
(20) "Secure facility" means any architecturally secure residential facility that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.
(21) "Staff-secure facility" means a nonarchitecturally secure residential facility with awake staff twenty-four (24) hours a day, seven (7) days a week for intensive supervision of juvenile offenders.
(22) "Validated risk/needs assessment" means a validated instrument that measures a juvenile’s criminal risk factors and specific needs that, if addressed, should reduce the juvenile’s likelihood to reoffend.
(23) "Work program" means a public service work project that employs juvenile offenders at a reasonable wage for the purpose of reimbursing victims of the juvenile offender’s delinquent behavior.
[(20-502) 16-1802, added 1963, ch. 319, sec. 2, p. 876; am. 1973, ch. 27, sec. 1, p. 51; am. 1984, ch. 81, sec. 3, p. 149; am. 1989, ch. 155, sec. 2, p. 375; am. 1990, ch. 245, sec. 1, p. 696; am. 1990. ch. 355, sec. 1, p. 959; am. and redesig. 1995, ch. 44, sec. 3, p. 71; am. 1995, ch. 277, sec. 1, p. 926; am. 1997, ch. 83, sec. 1, p. 195; am. 2000, ch. 139, sec. 1, p. 365; am. 2012, ch. 19, sec. 2, p. 40; am. 2021, ch. 18, sec. 2, p. 43; am. 2022, ch. 23, sec. 1, p. 65.]
(1) The department of juvenile corrections is hereby created. The department shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government.
(2) The department shall be under the control and supervision of a director, who shall be appointed by the governor, with the advice and consent of the senate. The director shall exercise all of the powers and duties necessary to carry out the proper administration of the department and may delegate duties to employees and officers of the department. The director shall have the authority to employ an attorney or attorneys to provide legal services to the department and such managers, assistants, clerical staff and other employees necessary to the proper functioning and administration of the department.
(3) The department of juvenile corrections shall be composed of such administrative units as may be established by the director for the proper and efficient administration of the powers and duties assigned to the director or the department. The director shall appoint an administrator for each administrative unit within the department.
(4) The director shall have full power and authority to do all things necessary to establish and provide for the administration and operation of the department of juvenile corrections.
[20-503, added 1995, ch. 44, sec. 4, p. 72; am. 1995, ch. 277, sec. 2, p. 927; am. 2012, ch. 19, sec. 3, p. 41; am. 2025, ch. 47, sec. 1, p. 222.]
(1) The department shall have jurisdiction over all juvenile offenders committed to it pursuant to chapter 5, title 20, Idaho Code.
(2) The department shall have legal custody over all juvenile offenders committed to it by the courts of this state for confinement. The department shall not have legal guardianship of any juvenile offender.
(3) The department is responsible for all juvenile offenders committed to it by the courts of this state for confinement. The department shall also establish minimum standards for detention, care and certification of approved detention facilities based upon such standards.
(4) The department shall establish and administer all secure residential facilities including all state juvenile correctional centers.
(5) The department shall make all decisions regarding placement of juvenile offenders committed to it in the most appropriate program for supervision and treatment.
(6) The department shall establish an observation and assessment process for juvenile offenders committed to it by a court.
(7) The department shall establish liaison services with the counties or within the department’s regions.
(8) The department may establish and operate work programs designed to employ juvenile offenders committed to it in public service work projects for the purpose of reimbursing victims of the juvenile offender’s delinquent behavior.
(9) The department is hereby authorized and may place juvenile offenders committed to it pursuant to this chapter in a community-based or private program; provided, that the person, agency or association operating the facility or program has been approved and has otherwise complied with all applicable state and local laws.
(10) The department shall establish minimum standards for the operation of all private residential and nonresidential facilities and programs that provide services to juvenile offenders committed to the department. The standards shall be no more stringent than standards imposed for facilities operated by the department or for detention facilities operated by counties.
(11) The department shall provide technical assistance to counties establishing research-based programs for juvenile offenders who either have been found to come under the purview of this chapter or who have had their case informally diverted pursuant to section 20-511, Idaho Code, and who have not been committed to the legal custody of the department.
(12) The department shall have authority to adopt such administrative rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, as are deemed necessary or appropriate for the functioning of the department and the implementation and administration of this act.
(13) Subject to any competitive bidding requirements otherwise provided by law, the department shall have authority to enter into contracts with a private association or organization or other public agency or organization for the inspection and licensure of detention facilities.
(14) Subject to any competitive bidding requirements otherwise provided by law, the department shall have authority to enter into contracts with private providers or local governmental agencies for the confinement or other permanent or temporary placement of juvenile offenders committed to its custody.
(15) The department shall have authority to apply for, receive and expend federal funds, subject to appropriation by the legislature. The department shall have authority to establish guidelines for and administer the distribution of state juvenile corrections act funds to counties for the employment and training of county probation officers, the establishment of secure and nonsecure residential or nonresidential facilities and programs for juvenile offenders. The department may require that a county provide matching funds as a condition of receiving juvenile corrections act funds. The department, by rule, in cooperation with the courts and the counties, shall establish uniform standards for county juvenile probation services, as well as qualifications for and standards for the training of juvenile probation officers.
[(20-504) 1989, ch. 155, sec. 9, p. 380; am. and redesig. 1995, ch. 44, sec. 5, p. 73; am. 1995, ch. 277, sec. 3, p. 928; am. 1997, ch. 83, sec. 2, p. 197; am. 1997, ch. 261, sec. 1, p. 745; am. 2000, ch. 139, sec. 2, p. 366; am. 2003, ch. 35, sec. 1, p. 154; am. 2004, ch. 50, sec. 2, p. 236; am. 2007, ch. 47, sec. 1, p. 118; am. 2012, ch. 19, sec. 4, p. 42.]
(1) The purposes of a juvenile correctional center shall be:
(a) The care, control and competency development of adjudicated juvenile offenders meeting standards for admission as adopted by the Idaho supreme court;
(b) The provision pursuant to agreement with the counties of detention services for juvenile offenders subject to administrative or court order;
(c) The provision of observation and assessment services for juvenile offenders committed to the department of juvenile corrections; and
(d) To accept for placement those individuals sentenced to a state juvenile correctional center by a district court, or pursuant to agreement with the board of correction, subsequent to waiver of juvenile court jurisdiction.
(2) The department shall administer and provide general oversight of all state juvenile correctional centers and any other secure or nonsecure facilities holding juvenile offenders committed to it as required by the juvenile corrections act.
(3) The department shall assure that the educational programs of state juvenile correctional centers are in compliance with educational standards that are approved by the Idaho state board of education or an accrediting association recognized by the Idaho state board of education.
(4) The department shall have the power to promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, for the administration and operation of state juvenile correctional centers.
(5) The director shall have the power:
(a) To employ, fix the salary and prescribe the duties of a superintendent for each juvenile correctional center. The superintendent shall be a nonclassified employee and shall serve at the pleasure of the director. With the advice of the director, the superintendent may appoint and prescribe the duties of assistants, instructors, specialists and other employees required for the operation of the center;
(b) To remove any employee of a juvenile correctional center for cause or as allowed by chapter 53, title 67, Idaho Code;
(c) To ensure that all teachers, except specialists, hold teaching certificates issued under the authority of the state board of education which are valid for the grades and subjects taught. All specialists shall hold diplomas from an accredited school of their specialty;
(d) To have, at all times, general supervision and control of all property, real and personal, appertaining to the center, and to insure the same; and
(e) To expend tax moneys appropriated, or otherwise placed to the credit of the center for maintenance and operation and to account for the same as prescribed by law.
[20-504A, added 1997, ch. 83, sec. 3, p. 198; am. 2012, ch. 19, sec. 5, p. 44.]
Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases:
(1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only;
(2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult;
(3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16, Idaho Code;
(4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter, provided that a juvenile taken into custody pursuant to section 20-516(1)(c), Idaho Code, for an alcohol age infraction under section 18-1502(e), Idaho Code, shall be treated within the provisions of this chapter;
(5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter;
(6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter;
(7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414, Idaho Code.
[(20-505) 16-1803 added 1976, ch. 233, sec. 1, p. 823; am. 1981, ch. 112, sec. 1, p. 168; am. 1981, ch. 222, sec. 6, p. 414; am. 1982, ch. 110, sec. 1, p. 311; am. 1984, ch. 81, sec. 4, p. 150; am. 1990, ch. 355, sec. 2, p. 960; am. 1993, ch. 154, sec. 2, p. 391; am. 1994, ch. 150, sec. 1, p. 344; am. 1994, ch. 414, sec. 2, p. 1303; am. and redesig. 1995, ch. 44, sec. 6, p. 75; am. 1996, ch. 261, sec. 3, p. 860; am. 1998, ch. 69, sec. 1, p. 262; am. 1999, ch. 388, sec. 1, p. 1083; am. 1999, ch. 389, sec. 1, p. 1085; am. 2002, ch. 185, sec. 1, p. 537; am. 2004, ch. 270, sec. 3, p. 754; am. 2005, ch. 94, sec. 1, p. 314; am. 2005, ch. 187, sec. 1, p. 573; am. 2012, ch. 19, sec. 6, p. 44; am. 2016, ch. 344, sec. 2, p. 988.]
If during the pendency of a criminal or quasi-criminal charge against any juvenile in any other court, it shall be ascertained that the juvenile was under the age of eighteen (18) years at the time of committing the alleged offense, except where such juvenile has left the state, or where said charge is that such juvenile is a juvenile traffic, beer, wine or other alcohol or tobacco violator, or is within the purview of section 20-508(1)(a) or (1)(b), Idaho Code, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents and testimony connected therewith, to the court having jurisdiction over the juvenile with respect to the offense charged. The court making such transfer shall order the juvenile to be taken forthwith to the court to which the transfer is being made or place of detention designated by the court or shall release the juvenile to the custody of some suitable person to be brought before the court at a time designated. The court to which the case is transferred shall then proceed as provided in this act.
[(20-506) 1963, ch. 319, sec. 4, p. 876; am. 1981, ch. 222, sec. 7, p. 414; am. 1982, ch. 110, sec. 2, p. 312; am. and redesig. 1995, ch. 44, sec. 7, p. 76.]
Jurisdiction obtained by the court in the case of a juvenile offender shall be retained by it for the purposes of this act until he becomes twenty-one (21) years of age, unless terminated prior thereto. If a juvenile offender under the jurisdiction of the court and after attaining eighteen (18) years of age, is charged with a felony, he shall be treated as any other adult offender. If a person eighteen (18) years of age or older already under court jurisdiction is convicted of a felony, that conviction shall terminate the jurisdiction of the court, provided however, nothing herein contained shall prohibit any court from proceeding as provided in section 20-508(2), Idaho Code.
[(20-507) 1963, ch. 319, sec. 5, p. 876; am. 1984, ch. 81, sec. 5, p. 151; am. 1989, ch. 155, sec. 3, p. 376; am. and redesig. 1995, ch. 44, sec. 8, p. 77; am. 2012, ch. 19, sec. 7, p. 45.]
(1) After the filing of a petition and after full investigation and hearing, the court may waive jurisdiction under the juvenile corrections act over the juvenile and order that the juvenile be held for adult criminal proceedings when:
(a) A juvenile is alleged to have committed any of the crimes enumerated in section 20-509, Idaho Code; or
(b) A juvenile is alleged to have committed an act other than those enumerated in section 20-509, Idaho Code, after the child became fourteen (14) years of age which would be a crime if committed by an adult; or
(c) An adult at the time of the filing of the petition is alleged to have committed an act prior to his having become eighteen (18) years of age which would be a felony if committed by an adult, and the court finds that the adult is not committable to an institution for people with intellectual disabilities or mental illness, is not treatable in any available institution or facility available to the state designed for the care and treatment of juveniles, or that the safety of the community requires the adult continue under restraint; or
(d) An adult already under the jurisdiction of the court is alleged to have committed a crime while an adult.
(2) A motion to waive jurisdiction under the juvenile corrections act and prosecute a juvenile under the criminal law may be made by the prosecuting attorney, the juvenile, or by motion of the court upon its own initiative. The motion shall be in writing and contain the grounds and reasons in support thereof.
(3) Upon the filing of a motion to waive jurisdiction under the juvenile corrections act, the court shall enter an order setting the motion for hearing at a time and date certain and shall order a full and complete investigation of the circumstances of the alleged offense to be conducted by county probation, or such other agency or investigation officer designated by the court.
(4) Upon setting the time for the hearing upon the motion to waive jurisdiction, the court shall give written notice of said hearing to the juvenile, and the parents, guardian or custodian of the juvenile, and the prosecuting attorney, at least ten (10) days before the date of the hearing, or a lesser period stipulated by the parties, and such notice shall inform the juvenile and the parents, guardian or custodian of the juvenile of their right to court appointed counsel. Service of the notice shall be made in the manner prescribed for service of a summons under section 20-512, Idaho Code.
(5) The hearing upon the motion to waive jurisdiction shall be held in the same manner as an evidentiary hearing upon the original petition and shall be made part of the record.
(6) If as a result of the hearing on the motion to waive jurisdiction the court shall determine that jurisdiction should not be waived, the petition shall be processed in the customary manner as a juvenile corrections act proceeding. However, in the event the court determines, as a result of the hearing, that juvenile corrections act jurisdiction should be waived and the juvenile should be prosecuted under the criminal laws of the state of Idaho, the court shall enter findings of fact and conclusions of law upon which it bases such decision together with a decree waiving juvenile corrections act jurisdiction and binding the juvenile over to the authorities for prosecution under the criminal laws of the state of Idaho.
(7) No motion to waive juvenile corrections act jurisdiction shall be recognized, considered, or heard by the court in the same case once the court has entered an order or decree in that case that said juvenile has come within the purview of the juvenile corrections act, and all subsequent proceedings after the decree finding the juvenile within the purview of the act must be under and pursuant to the act and not as a criminal proceeding.
(8) In considering whether or not to waive juvenile court jurisdiction over the juvenile, the juvenile court shall consider the following factors:
(a) The seriousness of the offense and whether the protection of the community requires isolation of the juvenile beyond that afforded by juvenile facilities;
(b) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
(c) Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;
(d) The maturity of the juvenile as determined by considerations of his home, environment, emotional attitude, and pattern of living;
(e) The juvenile’s record and previous history of contacts with the juvenile corrections system;
(f) The likelihood that the juvenile will develop competency and life skills to become a contributing member of the community by use of facilities and resources available to the court;
(g) The amount of weight to be given to each of the factors listed in subsection (8) of this section is discretionary with the court, and a determination that the juvenile is not a fit and proper subject to be dealt with under the juvenile court law may be based on any one (1) or a combination of the factors set forth within this section, which shall be recited in the order of waiver.
(9) If the court does not waive jurisdiction and order a juvenile or adult held for criminal proceedings, the court in a county other than the juvenile’s or adult’s home county, after entering a decree that the juvenile or adult is within the purview of this chapter, may certify the case for sentencing to the court of the county in which the juvenile offender or adult resides upon being notified that the receiving court is willing to accept transfer. In the event of a transfer, which should be made unless the court finds it contrary to the interest of the juvenile offender or adult, the jurisdiction of the receiving court shall attach to the same extent as if the court had original jurisdiction.
(10) Upon conviction of a juvenile offender held for adult criminal proceedings under this section, the sentencing judge may, if a finding is made that adult sentencing measures would be inappropriate:
(a) Sentence the convicted person in accordance with the juvenile sentencing options set forth in this chapter; or
(b) Sentence the convicted person to the county jail or to the custody of the state board of correction but suspend the sentence and retain jurisdiction pursuant to section 19-2601A, Idaho Code, and commit the defendant to the dual custody of the department of juvenile corrections and the state board of correction.
[(20-508, added 1977, ch. 165, sec. 2, p. 427; am. 1981, ch. 162, sec. 1, p. 284; am. and redesig. 1995, ch. 44, sec. 9, p. 77; am. 1995, ch. 47, sec. 1, p. 111; am. 1995, ch. 277, sec. 4, p. 930; am. 1997, ch. 82, sec. 1, p. 192; am. 1999, ch. 390, sec. 1, p. 1086; am. 2000, ch. 246, sec. 2, p. 688; am. 2007, ch. 308, sec. 2, p. 865; am. 2010, ch. 235, sec. 9, p. 549; am. 2012, ch. 19, sec. 8, p. 45; am. 2015, ch. 113, sec. 6, p. 288.]
(1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or any person under age fourteen (14) years who is alleged to have committed any of the following crimes and, pursuant to section 20-508, Idaho Code, has been ordered by the court to be held for adult criminal proceedings:
(a) Murder of any degree or attempted murder;
(b) Robbery;
(c) Rape as defined in section 18-6101, Idaho Code;
(d) Forcible sexual penetration by the use of a foreign object;
(e) Mayhem;
(f) Assault or battery with the intent to commit any of the serious felonies provided in this section;
(g) A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code, when the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds that were, at the time of the violation, being used for an activity sponsored by or through such a school; and
(h) Arson in the first degree and aggravated arson;
shall be charged, arrested and proceeded against by complaint, indictment or information as an adult. All other felonies or misdemeanors charged in the complaint, indictment or information that are based on the same act or transaction or on one (1) or more acts or transactions as the violent or controlled substances offense shall similarly be charged, arrested and proceeded against as an adult. Any juvenile proceeded against pursuant to this section shall be accorded all constitutional rights, including bail and trial by jury, and procedural safeguards as if that juvenile were an adult defendant.
(2) A juvenile who has been formally charged or indicted pursuant to this section or has been transferred for criminal prosecution as an adult pursuant to the waiver provisions of section 20-508, Idaho Code, or this section shall not be held in a jail or lockup for adults unless a court finds, after a hearing and in writing, that it is in the interest of justice.
(a) In determining whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults or have sight or sound contact with adult inmates, a court shall consider:
(i) The age of the juvenile;
(ii) The physical and mental maturity of the juvenile;
(iii) The present mental state of the juvenile, including whether the juvenile presents an imminent risk of self-harm;
(iv) The nature and circumstances of the alleged offense;
(v) The juvenile’s history of prior delinquent acts;
(vi) The relative ability of the available adult and juvenile detention facilities not only to meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and
(vii) Any other relevant factor.
(b) If a court determines pursuant to this subsection that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults:
(i) The court shall hold a hearing not less frequently than once every thirty (30) days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight or sound contact; and
(ii) The juvenile shall not be held in any jail or lockup for adults or permitted to have sight or sound contact with adult inmates for more than one hundred eighty (180) days unless the court, in writing, determines there is good cause for an extension or the juvenile expressly waives this limitation.
(3) Except as otherwise allowed by subsection (4) of this section, once a juvenile offender has been found to have committed the offense for which the juvenile offender was charged, indicted or transferred pursuant to this section or section 20-508, Idaho Code, or has been found guilty or pled guilty to a lesser offense or amended charge growing out of or included within the original charge, whether or not such lesser offense or amended charge is included within the acts enumerated in subsection (1) of this section, the juvenile offender shall thereafter be handled in every respect as an adult. For any subsequent violation of Idaho law, the juvenile offender shall be handled in every respect as an adult.
(4) Upon the conviction of a juvenile offender pursuant to this section, the sentencing judge may, if a finding is made that adult sentencing measures would be inappropriate:
(a) Sentence the convicted person in accordance with the juvenile sentencing options set forth in this chapter; or
(b) Sentence the convicted person to the county jail or to the custody of the state board of correction but suspend the sentence pursuant to section 19-2601A, Idaho Code, and commit the defendant to the dual custody of the department of juvenile corrections and the state board of correction.
[(20-509) 16-1806A, added 1981, ch. 151, sec. 1, p. 262; am. 1984, ch. 81, sec. 6, p. 151; am. 1990, ch. 268, sec. 5, p. 758; am. and redesig. 1995, ch. 44, sec. 10, p. 79; am. 1995, ch. 46, sec. 1, p. 110; am. 1995, ch. 47, sec. 2, p. 113; am. 1995, ch. 48, sec. 1, p. 114; am. 1997, ch. 142, sec. 1, p. 414; am. 2000, ch. 73, sec. 1, p. 155; am. 2000, ch. 246, sec. 3, p. 690; am. 2007, ch. 308, sec. 3, p. 868; am. 2010, ch. 352, sec. 10, p. 928; am. 2012, ch. 19, sec. 9, p. 47; am. 2015, ch. 113, sec. 7, p. 290; am. 2016, ch. 296, sec. 13, p. 842; am. 2022, ch. 24, sec. 1, p. 69; am. 2022, ch. 124, sec. 23, p. 457.]
Any peace officer, any prosecuting attorney, or any authorized representative of the board of trustees of a school district of this state, having knowledge of a juvenile who is within the purview of this act may file a petition with the court in such form as may be required by the court, except a peace officer may also issue a citation for a curfew violation pursuant to section 20-549, Idaho Code. Said individual or agency shall be responsible for providing the evidence to support the allegations made in the petition, provided this in no way shall relieve peace officers from enforcement of the law as set forth in section 31-2227, Idaho Code. The court may make a preliminary inquiry to determine whether the interests of the public or of the juvenile require that further action be taken. Such inquiry may be made through the county probation officer or such other agent or investigation officer designated by the court. Thereupon, the court may make such informal adjustment as is practicable, or dismiss the petition, or set the matter for hearing. If an informal adjustment is made, it shall provide for full or partial restitution in the manner and form prescribed by the court when the offense involves loss or damage of property of another. A probation officer shall not file a petition unless the juvenile has previously been under the jurisdiction of the court. The petition and all subsequent court documents shall be entitled "In the interest of …, a juvenile under eighteen (18) years of age." The petition may be made upon information and belief but it shall be made under oath. It shall set forth plainly: (1) the facts which bring the juvenile within the purview of this act; (2) the name, age, and residence of the juvenile; (3) the names and residences of his parents and spouse, if any; (4) the name and residence of his legal guardian, if there be one, or the person or persons having custody or control of the juvenile, or of the nearest known relative if no parent or guardian can be found. If any of the facts herein required are not known by the petitioner the petition shall so state.
Service of a petition upon the parents, legal guardian or person or persons having custody or control of the juvenile shall subject the parents, legal guardian or person or persons having custody or control of the juvenile to the provisions of this chapter. The petition shall inform the parents, legal guardian or other person legally obligated to care for and support the juvenile that service of the petition upon them shall make them subject to the provisions of this chapter.
[(20-510) 1963, ch. 319, sec. 7, p. 876; am. 1977, ch. 156, sec. 1, p. 399; am. 1989, ch. 155, sec. 4, p. 376; am. 1990, ch. 355, sec. 3, p. 960; am. and redesig. 1995, ch. 44, sec. 11, p. 80; am. 2000, ch. 74, sec. 1, p. 157; am. 2006, ch. 177, sec. 1, p. 544.]
(1) Prior to the filing of any petition under this act, the prosecuting attorney may use the diversion process and refer the case directly to the county probation officer or a community-based diversion program for informal supervision and counseling. The prosecuting attorney may request a preliminary inquiry from the county probation officer, aided by use of a validated screening tool, to determine whether the interest of the public or the juvenile requires a formal court proceeding rather than diversion. If the diversion process is utilized pursuant to this subsection, then statements made by a juvenile in a diversion proceeding shall be inadmissible at an adjudicative proceeding on the underlying charge as substantive evidence of guilt. If community service is going to be utilized pursuant to this subsection, the prosecuting attorney shall collect a fee of sixty cents (60¢) per hour for each hour of community service work the juvenile is going to perform and remit the fee to the state insurance fund for the purpose of securing worker’s compensation insurance for the juvenile offender performing community service. However, if a county is self-insured and provides worker’s compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required.
(2) Information uniquely identifying the juvenile offender, the offense, and the type of program utilized shall be forwarded to the department. This information shall be maintained by the department in a statewide juvenile offender information system. Access to the information shall be controlled by the department, subject to the provisions of section 74-113, Idaho Code.
[(20-511) 16-1807A, added 1984, ch. 81, sec. 7, p. 152; am. 1994, ch. 233, sec. 3, p. 727; am. and redesig. 1995, ch. 44, sec. 12, p. 80; am. 1996, ch. 260, sec. 1, p. 856; am. 2009, ch. 154, sec. 1, p. 449; am. 2012, ch. 19, sec. 10, p. 49; am. 2013, ch. 222, sec. 1, p. 522; am. 2014, ch. 345, sec. 1, p. 865; am. 2015, ch. 141, sec. 24, p. 404; am. 2016, ch. 51, sec. 1, p. 147; am. 2022, ch. 20, sec. 1, p. 41.]
(1) A judge of any court shall order the department of health and welfare to submit appropriate mental health assessments and a plan of treatment for the court’s approval if at any stage of a proceeding under this chapter or the child protective act, chapter 16, title 16, Idaho Code, a judge has reason to believe, based upon the record and proceedings of the court or upon an affidavit of a party, state or county agency or any person having physical custody of the juvenile or juvenile offender, that he or she:
(a) Is suffering a substantial increase or persistence of a serious emotional disturbance as defined in section 16-2403, Idaho Code, which impairs his or her ability to comply with the orders and directives of the court, or which presents a risk to his or her safety or well-being or the safety of others; and
(b) Such condition has not been adequately addressed with supportive services and/or corrective measures previously provided to the juvenile, or the juvenile’s needs with respect to the serious emotional disturbance are not being met or have not been met.
(2) The court may convene a screening team consisting of representatives from the department of health and welfare, county probation, local school officials, teen early intervention specialists as provided for under section 16-2404A, Idaho Code, the department of juvenile corrections and/or other agencies or persons designated by the court to review the plan of treatment and provide written recommendations to the court. Parents and guardians of the juvenile or juvenile offender, if available, shall be included in the screening team and consulted with regard to the plan of treatment.
(3) If the court, after receiving the mental health assessment and plan of treatment submitted by the department of health and welfare and any recommendations from the screening team, determines that additional information is necessary to determine whether the conditions set forth in subsections (1)(a) and (1)(b) of this section are present, or to determine an appropriate plan of treatment for the juvenile or juvenile offender, the court may order an evaluation and/or recommendations for treatment to be furnished by a psychiatrist, licensed physician or licensed psychologist, with the expenses of such evaluation and/or recommendations to be borne by the department of health and welfare.
(4) If the court concludes that the conditions set forth in subsections (1)(a) and (1)(b) of this section are present, the plan of treatment, as approved by the court, shall be entered into the record as an order of the court. The department of health and welfare shall provide mental health treatment as designated by the approved plan of treatment. If in-patient or residential treatment is required as part of the plan of treatment, the court shall hold a hearing on whether to order such treatment unless the hearing is waived by the juvenile or juvenile offender and his or her parents or guardians. The court may order parents, legal guardians or custodians to adhere to the treatment designated in the plan of treatment. Representatives from the department of health and welfare, county probation, local school officials, teen early intervention specialists as provided for under section 16-2404A, Idaho Code, the department of juvenile corrections and/or other agencies or persons designated by the court shall attend case review hearings as scheduled by the court.
(5) All costs associated with assessment and treatment shall be the responsibility of the parents of the juvenile or juvenile offender according to their ability to pay pursuant to section 39-3140, Idaho Code. The financial obligation of the family shall be determined after consideration of all available payment and funding sources including title XIX of the social security act, as amended, all available third party sources, and parent resources according to any order for child support under chapter 10, title 32, Idaho Code. Services shall not be conditioned upon transfer of custody or parental rights.
[20-511A, added 2005, ch. 223, sec. 1, p. 699; am. 2007, ch. 309, sec. 4, p. 873; am. 2012, ch. 19, sec. 11, p. 49; am. 2025, ch. 110, sec. 18, p. 587.]
After a petition shall have been filed and after such further investigation as the court may direct, and if the matter is set for hearing, the court shall issue a summons requiring the person or persons who have custody or control of the juvenile to appear personally and bring the juvenile before the court at a time and place stated; provided, however, if hearing is to be held, it shall be held not later than fifteen (15) days after the summons is issued unless the court should order on being shown cause that the time be extended. If the person so summoned shall be other than a parent or guardian of the juvenile, then the parent or guardian or both shall also be notified of the pendency of the case and of the time and place appointed for the hearing. Notice shall be given as hereinafter provided. A subpoena may be issued requiring the appearance of any other person whose presence is required by the juvenile, his guardian or any other person who, in the opinion of the judge, is necessary. If it appears the juvenile is in such condition or surroundings that his welfare requires that he be taken into custody immediately, the judge, as provided in section 20-516, Idaho Code, may order by endorsement upon the summons that the officer serving the same shall at once take the juvenile into custody and bring him before the court.
[(20-512) 1963, ch. 319, sec. 8, p. 876; am. and redesig. 1995, ch. 44, sec. 13, p. 81.]
Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the hearing. When publication is used the summons shall be published in two (2) consecutive issues of a weekly newspaper printed and published in the county; such newspaper to be designated by the court in the order for publication of the summons, and such publication shall have the same force and effect as though such person had been personally served with said summons. Service of summons, process or notice required by this act shall be made by the sheriff or a probation officer upon the request of the court and a return must be made by the sheriff on the summons showing that such service has been made. The judge may authorize payment of any necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this act, and such expenses when approved by the judge shall be a charge upon the county, except that not more than five (5) witnesses on behalf of any parent or guardian may be required to attend such hearing at the expense of the county. The court may summon the appearance of any person whose presence is deemed necessary as a witness or possible resource for the care and treatment of the juvenile, including persons whom the juvenile or the family wishes to have present.
[(20-513) 1963, ch. 319, sec. 9, p. 876; am. 1976, ch. 246, sec. 1, p. 845; am. and redesig. 1995, ch. 44, sec. 14, p. 82.]
(1) A juvenile who is being detained by a law enforcement officer or who is under formal charge of having committed, or who has been adjudicated for commission of, an act, omission or status that brings him under the purview of this act, is entitled:
(a) To be represented by an attorney to the same extent as an adult having his own counsel is so entitled pursuant to section 19-6009, Idaho Code; and
(b) To be provided with the necessary services and facilities of representation, including investigation and other preparation.
(2) A juvenile 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 and including revocation of probation or recommitment;
(b) To be represented in any appeal; and
(c) To be represented in any other post-adjudication or review proceeding that the attorney or the juvenile 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) A juvenile’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.
(4) As early as possible in the proceedings, and in any event before the hearing of the petition on the merits, the juvenile and his parents, or guardian, shall be notified of their right to have counsel represent them. When it appears to the court that the juvenile or his parents or guardian desire counsel but are financially unable to pay for such legal services, the court shall appoint counsel to represent the juvenile and his parents or guardian; provided that in the event the court shall find that there is a conflict of interest between the interests of the juvenile and his parents or guardian, then the court shall appoint separate counsel for the juvenile, whether or not he or his parents or guardian are able to afford counsel, unless there is an intelligent waiver of the right of counsel by the juvenile, except as provided in subsection (6) of this section, and the court further determines that the best interest of the juvenile does not require the appointment of counsel. Counsel appointed under this section shall initially receive reasonable compensation from the county and the county shall have the right to be reimbursed for the cost thereof by the parents or guardian as hereafter provided in this section.
(5) Any waiver of the right to counsel by a juvenile under this act shall be made in writing, on the record and upon a finding by the court that:
(a) The juvenile has been informed of the right to counsel and the dangers and disadvantages of self-representation; and
(b) The waiver is intelligently made after consideration of the totality of the circumstances including, but not limited to:
(i) The age, maturity, intelligence, education, competency and comprehension of the juvenile;
(ii) The presence of the juvenile’s parents or guardian;
(iii) The seriousness of the offense;
(iv) The collateral consequences of adjudication of the offense; and
(v) Whether the interests of the juvenile and his parents or guardian conflict.
(6) A juvenile shall not be permitted to waive the assistance to counsel in any of the following circumstances:
(a) If the juvenile is under the age of fourteen (14) years;
(b) In sentencing proceedings in which it has been recommended that the juvenile be committed to the legal custody of the department of juvenile corrections;
(c) In proceedings in which the juvenile is being adjudicated for commission of a crime of a sexual nature;
(d) In proceedings in which the juvenile is being adjudicated for commission of a felony;
(e) In hearings upon a motion to waive jurisdiction under the juvenile corrections act pursuant to section 20-508, Idaho Code;
(f) In hearings upon a motion to examine the juvenile to determine if he is competent to proceed pursuant to section 20-519A, Idaho Code; or
(g) In recommitment proceedings.
(7) Upon the entry of an order finding the juvenile is within the purview of this act, the parents, spouse or other person liable for the support of the juvenile, or the estates of such persons, and the estate of such juvenile, may be required by the court to reimburse the county for all or a portion of the cost of those legal services rendered to the juvenile by counsel appointed pursuant to this section that are related to the finding that the juvenile is within the purview of this act, unless the court finds such persons or estate to be indigent as described in section 19-6011, Idaho Code, and the requirement would impose a manifest hardship on those persons responsible for the juvenile or the estates. The current inability of those persons or entities to pay the reimbursement shall not, in and of itself, restrict the court from ordering reimbursement.
(8) The prosecuting attorney of each county may, on behalf of the county, recover payment or reimbursement, as the case may be, from each person or estate who is liable for the payment or reimbursement of the cost of court appointed counsel for the juvenile, as provided in subsection (7) of this section. In the event such payment or reimbursement is not made upon demand by the prosecuting attorney, suit may be brought against such persons by the prosecuting attorney within five (5) years after the date on which such counsel was appointed by the court.
[(20-514) 1976, ch. 246, sec. 2, p. 846; am. and redesig. 1995, ch. 44, sec. 15, p. 82; am. 2013, ch. 222, sec. 2, p. 522; am. 2023, ch. 220, sec. 36, p. 682.]
If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the juvenile offender requires that he be brought forthwith into the custody of the court, a warrant or a capias may be issued for the parent, guardian or the juvenile offender.
[(20-515) 1963, ch. 319, sec. 10, p. 876; am. and redesig. 1995, ch. 44, sec. 16, p. 83; am. 1997, ch. 76, sec. 2, p. 161; am. 2012, ch. 19, sec. 12, p. 51.]
(1) A peace officer may take a juvenile into custody, or a private citizen may detain a juvenile until the juvenile can be delivered forthwith into the custody of a peace officer, without order of the court:
(a) When he has reasonable cause to believe that the juvenile has committed an act that would be a misdemeanor or felony if committed by an adult; or
(b) When in the presence of a peace officer or private citizen the juvenile has violated any local, state or federal law or municipal ordinance; or
(c) When there are reasonable grounds to believe the juvenile has committed a status offense. Status offenses are truancy, running away from or being beyond the control of parents, guardian, or legal custodian, alcohol age violations under section 18-1502(e), Idaho Code, and curfew violations. Status offenders shall not be placed in any jail facility, including juvenile detention centers, but instead may be placed in juvenile shelter care facilities, except in the case of runaways, when there is a specific detention request from a foreign jurisdiction to hold the juvenile pending transportation arrangements, and a peace officer may, in his discretion, notify the parent, guardian or legal custodian. In the event of an alcohol age infraction under section 18-1502(e), Idaho Code, the status offense under this section shall be in addition to the infraction.
(2) A peace officer may take a juvenile into custody upon a written order or warrant signed by a judge. The judge may issue the order or warrant after finding that there is reasonable cause to believe that the juvenile comes within the purview of this chapter. Such taking into custody shall not be deemed an arrest. Jurisdiction of the court shall attach from the time the juvenile is taken into custody. When an officer takes a juvenile into custody, he shall notify the parent, guardian or custodian of the juvenile as soon as possible. Unless otherwise ordered by the court, or unless it appears to the officer taking the juvenile into custody that it is contrary to the welfare of society or the juvenile, such juvenile shall be released to the custody of his parent or other responsible adult upon written promise, signed by such person, to bring the juvenile to the court at a stated time. Such written promise shall be submitted to the court as soon as possible. If such person fails to produce the juvenile as agreed, or upon notice from the court, a summons for such person may be issued by the court and a warrant may be issued for apprehension of the juvenile.
(3) A juvenile taken into custody may be fingerprinted and photographed. Any fingerprints and photographs taken shall be forwarded as provided in subsection (8) of this section. If the court finds good cause, it may order any fingerprints and photographs expunged.
(4) When a juvenile is not released, he shall be taken forthwith to the court or place of detention specified by the court. The juvenile shall, not later than twenty-four (24) hours, excluding Saturdays, Sundays and holidays, be brought before the court for a detention hearing to determine where the juvenile will be placed until the next hearing. Status offenders shall not be placed in any jail facility, including juvenile detention centers, but instead may be placed in juvenile shelter care facilities.
Placements may include but are not limited to the following:
(a) Parents of the juvenile;
(b) Relatives of the juvenile;
(c) Foster care;
(d) Group care;
(e) A juvenile detention center, except in the case of a status offender; or
(f) Diversion programs.
(5) The person in charge of a detention center shall give immediate notice to the court that the juvenile is in his custody.
(6) No juvenile shall be held in detention longer than twenty-four (24) hours, excluding Saturdays, Sundays and holidays, unless a petition has been filed and the court has signed the detention order.
(7) As soon as a juvenile is detained by court order, his parents, guardian or legal custodian shall be informed by notice in writing on forms prescribed by the court that they may have a prompt hearing regarding release or detention.
(8) A juvenile taken into detention for an offense shall be fingerprinted and photographed. Fingerprints and photographs taken of juveniles shall be forwarded to the appropriate law enforcement agency and filed with the bureau of criminal identification of the Idaho state police, which shall create a juvenile offender fingerprint file and enter the fingerprint data into the automated fingerprint identification system. If the court finds good cause, it may order the fingerprints and photographs of the juvenile offender expunged.
(9) Peace officers’ records of juveniles shall be kept separate from records of adults and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
[(20-516) 16-1811, 1963, ch. 319, sec. 11, p. 876; am. 1977, ch. 156, sec. 2, p. 400; am. 1982, ch. 126, sec. 1, p. 362; am. 1984, ch. 81, sec. 8, p. 152; am. 1990, ch. 213, sec. 11, p. 497; am. and redesig. 1995, ch. 44, sec. 17, p. 83; am. 1995, ch. 49, sec. 1, p. 115; am. 1995, ch. 277, sec. 5, p. 932; am. 1996, ch. 259, sec. 1, p. 854; am. 1996, ch. 379, sec. 2, p. 1285; am. 2000, ch. 469, sec. 54, p. 1505; am. 2012, ch. 19, sec. 13, p. 51; am. 2015, ch. 141, sec. 25, p. 405; am. 2016, ch. 344, sec. 3, p. 988; am. 2021, ch. 19, sec. 1, p. 46.]
(1) The board of county commissioners may establish a juvenile supervised pretrial release program to perform those functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners may provide for juvenile supervised pretrial release services through employment of staff, contract, or any other process that will accomplish the purposes of this section. A board of county commissioners shall not be obligated to establish a juvenile supervised pretrial release program. Counties having established a juvenile supervised pretrial release program shall not be obligated to provide juvenile supervised pretrial release services beyond the funds generated by the fees collected and any additional funds that may be annually appropriated by the board of county commissioners.
(2) The court may assess a monthly juvenile pretrial supervision fee that shall be an amount no more than the maximum monthly juvenile probation supervision fee set forth in section 20-520, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, against the juvenile offender placed on pretrial supervision. The juvenile pretrial supervision fee shall be paid to the clerk of the district court who shall deposit such fee into the county juvenile probation fund, which is hereby created, in each county or, at the option of the board of county commissioners, deposited in the county justice fund to be used for county juvenile probation services. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county juvenile pretrial supervision services and related purposes.
(3) A juvenile shall not be required to pay the juvenile pretrial supervision fee authorized in subsection (2) of this section until after the entry of an order finding the juvenile offender is within the purview of this section.
(4) The court may also order the juvenile to pay additional fees to cover the actual costs of electronic monitoring, alcohol testing, or drug testing if such monitoring or testing is a condition of the juvenile’s release. Such additional fees may be paid to the clerk of the court or directly to the provider of the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered.
(5) Any unpaid juvenile pretrial supervision fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts.
[20-516A, added 2020, ch. 281, sec. 2, p. 819.]
(1) The county commissioners shall provide a detention center for the detention of juvenile offenders to be conducted by the court, or, subject to the approval of the court, by other appropriate public agency, provided that such detention shall comply with the provisions of section 20-518, Idaho Code, or within the limits of funds provided by the county commissioners.
(2) For the purpose of carrying out the provisions of this section, the county commissioners may enter into contracts or agreements with public or private agencies, individuals, other counties, or the department of juvenile corrections, which may include the expenditures of moneys outside the county boundaries. If the county in which the court is located has made an agreement with another governmental unit or agency located outside the county or the judicial district for the detention of juvenile offenders under this act, then any court in the county may order a juvenile offender detained outside of the county or outside of the judicial district in the detention center described in such agreement. All detention centers in this section shall be in compliance with section 20-518, Idaho Code, and IDAPA 05.01.02.
(3) The county wherein any court has entered an order for the detention of a juvenile offender outside of the county or outside of the judicial district as provided by subsection (2) of this section shall pay all direct and indirect costs of the detention of the juvenile offender to the governmental unit or agency owning or operating the detention center in which the juvenile offender was detained. The amount of such cost may be determined by agreement between the county wherein the court entered the order of detention and the county or governmental unit or agency owning or operating such detention center.
(4) All moneys appropriated by the state for the planning and design of regional detention centers shall be administered and distributed by the director of the department of administration for the planning and design of regional detention centers in accordance with the requirements or directives of such appropriation. In administering such moneys, the director of the department of administration shall consult with the designated county officials of every county involved or affected by a proposed regional detention center and shall abide by the decision of the designated representatives of each of the counties so involved or affected.
[(20-517) 1963, ch. 319, sec. 12, p. 876; am. 1976, ch. 231, sec. 1, p. 819; am. 1978, ch. 57, sec. 1, p. 109; am. 1989, ch. 155, sec. 17, p. 396; am. and redesig. 1995, ch. 44, sec. 18, p. 85; am. 2012, ch. 19, sec. 14, p. 52; am. 2020, ch. 82, sec. 13, p. 189.]
The following shall be minimum standards for the detention of juveniles provided for in section 20-517, Idaho Code:
(1) Juvenile detention centers must be so constructed and maintained as to keep juveniles segregated from adult offenders, with no contact as to sight or sound between the two (2) classes. Those juveniles being treated as adult offenders pursuant to section 20-508 or 20-509, Idaho Code, shall be housed in a juvenile detention center unless otherwise ordered by the court. Such juveniles may be housed in the general juvenile population without sight and sound separation if it is determined by the detention administration that the safety and security of the other juveniles would not be at risk.
(2) Juvenile detention centers must provide supervision and observation of juveniles sufficient to protect the physical and mental health of the detainees.
(3) Juveniles held in detention must be provided with at least three (3) adequate and nutritional meals per day.
(4) Juveniles held in detention must have access to reading materials on a regular and systematic basis. Detained juveniles may receive books, newspapers, and periodicals from any source, including delivery to the detention center by family members, subject to the right of detention authorities to inspect and remove dangerous or harmful materials. Detention authorities may forbid the introduction into holding quarters of obscene books or periodicals.
(5) A visiting program shall be established in juvenile detention centers that will allow for family visits to each juvenile for at least two (2) hours each week.
(6) The juvenile detention center shall meet the standards and rules set forth in IDAPA 05.01.02 and IDAPA 11.11.01.
(7) Notwithstanding any other provision in this chapter, the minimum standards set forth herein shall not apply to any person who attains his or her eighteenth birthday prior to beginning or while in detention. When such person attains his or her eighteenth birthday, he or she shall be transferred from juvenile detention to the county jail.
[(20-518) 16-1812A, added 1978, ch. 57, sec. 2, p. 110; am. 1984, ch. 190, sec. 1, p. 439; am. 1989, ch. 155, sec. 18, p. 397; am. and redesig. 1995, ch. 44, sec. 19, p. 86; am. 2000, ch. 111, sec. 1, p. 248; am. 2011, ch. 7, sec. 1, p. 19; am. 2012, ch. 19, sec. 15, p. 53; am. 2022, ch. 24, sec. 2, p. 70.]
If the juvenile denies the allegations in the petition, the court shall conduct a full evidentiary hearing, in the manner prescribed by the Idaho juvenile rules. The juvenile shall have the right to call witnesses on his own behalf. A record shall be made in all proceedings connected with the case and shall be preserved in the event of appeal. If at the conclusion of the evidentiary hearing the court finds the juvenile to come within the purview of the act, the court shall so rule, and then shall set the matter down for sentencing, or may, in the interest of time, hold a sentencing hearing at the conclusion of the evidentiary hearing if all information necessary to the disposition of the case is available at the time.
When a juvenile, other than the juvenile against whom the petition has been filed, is summoned as a witness in any hearing under this act, notwithstanding any other statutory provision, parents, a counselor, a friend or other person having a supportive relationship with the juvenile shall, if available, be permitted to remain in the courtroom at the witness stand with the juvenile during the juvenile’s testimony unless, in written findings made and entered, the court finds that the juvenile’s constitutional right to a fair trial will be unduly prejudiced.
[(20-519) 1984, ch. 81, sec. 9, p. 154; am. 1989, ch. 54, sec. 1, p. 70; am. and redesig. 1995, ch. 44, sec. 20, p. 86.]
(1) At any time after the filing of a delinquency petition, a party may request in writing, or the court on its own motion may order, that the juvenile be examined to determine if the juvenile is competent to proceed. The request shall state the facts in support of the request for a competency examination. If, based upon the provisions of subsection (2) of this section, the court determines that there is good cause to believe that the juvenile is incompetent to proceed, then the court shall stay all proceedings and appoint at least one (1) examiner who shall be a qualified psychiatrist or licensed psychologist, or shall order the department of health and welfare to designate, within two (2) business days, at least one (1) examiner who shall be a qualified psychiatrist or licensed psychologist, to examine and report upon the mental condition of the juvenile. If there is reason to believe the basis for the juvenile’s incompetency is due to a developmental disability, the court shall appoint an evaluation committee as defined in section 66-402, Idaho Code, or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee, to examine and report upon the mental condition of the juvenile. The county shall be responsible for the cost of such evaluation subject to any reimbursement by the parents or other legal guardian of the juvenile. The court may order the parents or other legal guardian of the juvenile, unless indigent, to contribute to the costs of such examination in an amount to be set by the court after due notice to the parent or other legal guardian and the opportunity to be heard.
(2) A juvenile is competent to proceed if he or she has:
(a) A sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding;
(b) A rational and factual understanding of the proceedings against him or her; and
(c) The capacity to assist in preparing his or her defense.
(3) Within three (3) business days of the appointment or designation of an examiner or an evaluation committee pursuant to the provisions of subsection (1) of this section, the examiner or evaluation committee shall determine the best location for the examination. The examination shall be conducted on an outpatient basis unless the court specifically finds that hospitalization or confinement of the juvenile for evaluation of competency is necessary, the juvenile is currently hospitalized in a psychiatric hospital or the juvenile is detained. The court may order the juvenile be confined to a hospital or other suitable facility, including detention as defined in section 20-502, Idaho Code, after a hearing to determine whether such confinement is necessary. Any such confinement shall be for the purpose of examination and shall be for a period not exceeding ten (10) days from the date of admission to the hospital or other suitable facility. The court, upon request, may make available to the examiner or the evaluation committee any court records relating to the juvenile.
(4) The examiner or evaluation committee may employ any method of examination that is accepted by the examiner’s profession for the examination of juveniles alleged not to be competent, provided that such examination shall, at a minimum, include formal assessments of the juvenile in each of the following domains:
(a) Cognitive functioning;
(b) Adaptive functioning;
(c) Clinical functioning;
(d) Comprehension of relevant forensic issues; and
(e) Genuineness of effort.
(5) If at any time during the examination process, the examiner has reason to believe that the juvenile’s alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall appoint an evaluation committee, or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee, to examine and report upon the mental condition of the juvenile. Conversely, if at any time during the examination process an evaluation committee has reason to believe the juvenile’s alleged incompetency is not the result of a developmental disability, the evaluation committee shall immediately notify the court so the examination can be completed by a qualified psychiatrist or licensed psychologist as set forth in subsection (1) of this section. The new examination and report shall be conducted within the time frames set forth in subsection (6) of this section.
(6) The examiner or evaluation committee shall submit a written report to the court within thirty (30) days of receipt of the appointment or designation. The report shall address the factors set forth in section 20-519B, Idaho Code. If the examiner or evaluation committee determines that the juvenile is incompetent to proceed, the report shall also include the following:
(a) The nature of the mental disease, defect, disability or other condition including chronological age that is the cause of the juvenile’s incompetency;
(b) The juvenile’s prognosis;
(c) Whether the examiner or evaluation committee believes the juvenile may be restored to competency and an estimated time period in which competence could be restored with treatment;
(d) If the juvenile may be restored to competency, the recommendations for restoration shall be the least restrictive alternative that is consistent with public safety;
(e) If the juvenile is not competent and there is no substantial probability that the juvenile can be restored to competency within six (6) months, a recommendation as to whether the juvenile meets the criteria set forth in section 16-2418, 66-329(11) or 66-406(11), Idaho Code, and identification of any other services recommended for the juvenile that are the least restrictive, community based and consistent with public safety; and
(f) No statements of the juvenile relating to the alleged offense shall be included in the report unless such statements are relevant to the examiner or evaluation committee’s opinion regarding competency.
(7) The court, upon a finding of good cause, may alter the time frames for the designation of an examiner or evaluation committee, the completion of the examination or the completion of the report but shall ensure that the examination and competency determination occur as expeditiously as possible. The court may, upon a finding of good cause, vacate or continue the ninety (90) day restoration review hearing set forth in section 20-519C, Idaho Code.
(8) The report of the examination shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the juvenile.
(9) If the examination cannot be conducted by reason of the unwillingness of the juvenile to participate, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the juvenile was the result of age, mental disease, defect or disability and whether the examiner recommends that a second examiner be appointed to examine the juvenile.
[20-519A, added 2011, ch. 178, sec. 1, p. 505.]
(1) The court shall hold a hearing no later than thirty (30) days after the report of the examiner or evaluation committee is filed pursuant to the provisions of section 20-519A, Idaho Code. At the hearing, the court may receive as evidence the report of the examiner or evaluation committee. In considering whether the juvenile is competent to proceed, the court shall consider the following:
(a) A description of the nature, content, extent and results of the examination and any test that was conducted;
(b) The juvenile’s capacity to understand the charges or allegations against the juvenile;
(c) The juvenile’s capacity to understand the range and nature of possible penalties that may be imposed in the proceedings;
(d) The juvenile’s capacity to understand the adversarial nature of the legal process;
(e) The juvenile’s capacity to disclose to counsel facts pertinent to the proceedings at issue;
(f) Whether the juvenile is able to display appropriate courtroom behavior;
(g) Whether the juvenile is able to receive accurate impressions of the facts about which he or she is examined, is able to appreciate the meaning of an oath to tell the truth and has an understanding of the potential consequences of not telling the truth;
(h) The examiner’s opinion as to the competency of the juvenile as defined in subsection (2) of section 20-519A, Idaho Code.
(2) The weight to be given to each of the factors listed in subsection (1) of this section is discretionary with the court and a determination that the juvenile is or is not competent to proceed may be based on any one (1) or a combination of such factors, which shall be recited in the court’s order regarding competency.
(3) If neither the prosecuting attorney nor counsel for the juvenile contests the findings of the report of the examiner or evaluation committee, the court may make the determination on the basis of such report. If a party contests the findings of such report, they shall have the right to cross-examine the qualified psychiatrist or licensed psychologist who prepared and submitted the report and to offer evidence upon this issue. A finding of incompetency shall be based upon a preponderance of the evidence.
(4) If the court finds the juvenile is competent to proceed, the proceedings shall continue without delay.
(5) If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within six (6) months, the court may stay or dismiss the matter. In determining whether to stay or dismiss the matter, the court shall consider all relevant factors including, but not limited to, the seriousness of the alleged offense, resources available to the juvenile and any issues of public safety. Prior to a stay or dismissal of the matter, the court may convene a screening team consisting of representatives from the department of health and welfare, county probation, local school officials, and/or other agencies or persons designated by the court to develop a treatment plan for the juvenile. In developing such treatment plan, the recommendations contained in the competency examination shall be considered to ensure necessary services for the juvenile are put into place. Parents and guardians of the juvenile, if available, shall be included in the screening team and consulted with regard to the plan of treatment. If appropriate, the court may hold a hearing to determine whether proceedings under chapter 24, title 16, or chapter 3 or 4, title 66, Idaho Code, should be instituted. If such proceedings are initiated, the juvenile court may retain jurisdiction over said proceedings.
(6) If the court determines that the juvenile is incompetent to proceed, but may be restored to competency within six (6) months, the court shall order a plan of treatment to be developed by the department of health and welfare for the juvenile to undergo efforts at restoration to competency. The court may:
(a) Convene a restoration treatment team to make recommendations on a plan of treatment;
(b) Order any agencies that have treated or had custody of the juvenile to release any pertinent information or records to the department of health and welfare to be used in the development and implementation of the juvenile’s restoration plan;
(c) Order the department of health and welfare, county probation, school officials and the department of juvenile corrections to release all pertinent information regarding the juvenile to the court, the department of health and welfare and any restoration treatment team to be used in the development and implementation of the juvenile’s restoration plan;
(d) Require the parents or guardians of the juvenile, and where appropriate require the juvenile, to allow information pertinent to the restoration treatment plan be released to the department of health and welfare, the court and any restoration treatment team.
(7) If the court determines that the juvenile is incompetent to proceed, but may be restored to competency, the court may order a juvenile to participate in the competency restoration program as developed by the department of health and welfare. The purpose of the treatment or training is the restoration of the juvenile’s competency to proceed. In determining the type and location of the competency restoration program and in designating a restoration provider, the department of health and welfare shall identify the least restrictive alternative that is consistent with public safety and consider whether inpatient treatment, residential care or secure confinement is necessary for program participation.
(a) An inpatient or residential or secure detention facility is only appropriate if all available less restrictive alternatives in community settings which would offer an opportunity for improvement of the juvenile’s condition are inappropriate. If the department of health and welfare’s plan of restoration requires the juvenile be placed in an inpatient, residential or secure detention facility, the court shall hold a hearing on whether to order such placement unless the hearing is waived by the juvenile and the juvenile’s parents or guardians. Juveniles charged with only a status offense or multiple status offenses shall not be held in a secure confinement or detention facility for restoration purposes.
(b) The department of health and welfare is responsible for determining the competency restoration program and services. All costs associated with restoration services shall be the responsibility of the parents of the juvenile according to their ability to pay pursuant to section 39-3140, Idaho Code. The financial obligation of the parents shall be determined after consideration of all available payment and funding sources including title XIX of the social security act, as amended, all available third party sources including funding available to the juvenile from other programs, grants or agencies and parent resources according to any order for child support under chapter 10, title 32, Idaho Code. Services shall not be conditioned upon transfer of custody of parental rights.
(8) If a juvenile is determined to be incompetent to proceed but may be restored to competency, the court shall retain jurisdiction of the juvenile for up to six (6) months. A restoration order issued pursuant to this section is valid for six (6) months from the date of the initial finding of incompetency or until one (1) of the following, whichever occurs first:
(a) The restoration program submits a report that the juvenile has become competent to proceed or that there is no substantial probability that the juvenile will regain competency within the period the order is valid;
(b) The charges are dismissed; or
(c) The juvenile reaches twenty-one (21) years of age.
(9) The court may extend the restoration order beyond six (6) months upon a showing of good cause. If the juvenile reaches twenty-one (21) years of age, the matter shall be dismissed. If the court concludes that there is no substantial probability that the juvenile will regain competency within the period the order is valid, then the provisions of subsection (5) of this section shall apply.
[20-519B, added 2011, ch. 178, sec. 2, p. 507; am. 2025, ch. 110, sec. 19, p. 588.]
(1) A report shall be filed by the restoration provider at least every ninety (90) days or whenever the restoration provider believes the juvenile is competent to proceed or whenever the restoration provider believes there is no substantial probability that the juvenile will regain competency before the expiration of the order to participate in a competency restoration program or fourteen (14) days before expiration of the restoration order.
(2) The court shall hold a review hearing regarding the progress towards competency at least every ninety (90) days while the juvenile participates in a restoration program. The court may consider the restoration provider’s report at the review hearing to assess the juvenile’s progress and to determine whether restoration services should continue.
[20-519C, added 2011, ch. 178, sec. 3, p. 509.]
A statement made by a juvenile subject to a competency examination or restoration treatment pursuant to section 20-519A or 20-519B, Idaho Code, for the purposes of such examination or treatment shall not be admissible in evidence in any delinquency or criminal proceeding against the juvenile on any issue other than the juvenile’s ability to assist counsel at trial or to form any specific intent which is an element of the crime charged, except that such statements of a juvenile to the examiner, evaluation committee or restoration provider as are relevant for impeachment purposes may be received subject to the usual rules of evidence governing matters of impeachment.
[20-519D, added 2011, ch. 178, sec. 4, p. 510.]
(1) Upon the entry of an order finding the juvenile offender is within the purview of the act, the court shall then hold a sentencing hearing in the manner prescribed by the Idaho juvenile rules to determine the sentence that will promote accountability, competency development and community protection. Prior to the entry of an order disposing of the case, other than an order of discharge or dismissal, the court may request and, if requested, shall receive a report containing the results of an inquiry into the home environment, past history, competency development, prevention or out-of-home placement services provided, and the social, physical and mental condition of the juvenile offender. The report shall be compiled using tools that screen for human trafficking, risks and needs of the juvenile offender, and any trauma suffered by the juvenile offender and shall include any additional screening deemed appropriate. The court shall not consider or review the report prior to the entry of an order of adjudication. Upon presentation and consideration of the report by the court, the court may proceed to sentence the juvenile offender as follows:
(a) Place the juvenile offender on an informal adjustment of the petition for a period not to exceed three (3) years from the date of the order.
(i) Informal adjustments may be ordered for any case filed under this chapter, upon such terms and conditions as the court may deem just and appropriate under the circumstances, and not be limited by the nature of the charge. Informal adjustments may include but are not limited to:
Reprimand of the juvenile offender;
Supervision with the probation department;
Community service work; and
Restitution to the victim.
(ii) The court shall dismiss the case if:
An informal adjustment has been granted and the juvenile offender has satisfied the terms or conditions of the informal adjustment;
The court is convinced by the showing made that there is no longer cause for continuing the period of informal adjustment; and
It is compatible with the public interest.
(iii) If the court, after hearing and notice, finds that a juvenile has violated the informal adjustment, the court may impose any sentence available to the court pursuant to this chapter.
(b) Place the juvenile offender on formal probation for a period not to exceed three (3) years from the date of the order, except the court may place a juvenile offender on formal probation for a period not to exceed the juvenile offender’s twenty-first birthday if the court finds that the juvenile offender has committed a crime of a sexual nature. If a juvenile offender is committed to the Idaho department of juvenile corrections pursuant to paragraph (t) of this subsection, the court may place the juvenile offender on probation from the date of sentencing up to three (3) years past the date of release from custody or the juvenile offender’s twenty-first birthday, whichever occurs first; provided the court shall conduct a review hearing within thirty (30) days following release of the juvenile offender from the department of juvenile corrections in order to determine the conditions and term of such probation;
(c) Sentence the juvenile offender to detention pursuant to this act for a period not to exceed thirty (30) days for each act, omission, or status that is prohibited by the federal, state, local, or municipal law or ordinance by reason of minority only. The sentence shall not be executed unless the act, omission, or status is in violation of 18 U.S.C. 922(x) or the court finds that the juvenile offender has violated the court’s decree imposing the sentence as provided in this subsection. If the court, after notice and hearing, finds that a juvenile offender has violated the court’s decree imposing the sentence under circumstances that bring the violation under the valid court order exception of the federal juvenile justice and delinquency prevention act of 1974, as amended, the court may commit the juvenile offender to detention for the period of detention previously imposed at sentencing;
(d) Commit the juvenile offender to a period of detention, pursuant to this act, for a period of time not to exceed ninety (90) days for each unlawful or criminal act the juvenile offender is found to have committed or if the unlawful or criminal act would be a misdemeanor if committed by an adult;
(e) If the juvenile offender has committed an unlawful or criminal act that would be a felony if committed by an adult, the court may commit the juvenile offender to detention for a period not to exceed one hundred eighty (180) days for each unlawful or criminal act;
(f) Whenever a court commits a juvenile offender to a period of detention, the juvenile detention center shall notify the school district where the detention center is located. No juvenile offender who is found to come within the purview of the act for the commission of a status offense shall be sentenced to detention in a jail facility;
(g) Commit the juvenile offender to detention and suspend the sentence on specific probationary conditions;
(h) The court may suspend or restrict the juvenile offender’s driving privileges for such periods of time as the court deems necessary, and the court may take possession of the juvenile offender’s driver’s license. The juvenile offender may request restricted driving privileges during a period of suspension, which the court may allow if the juvenile offender shows by a preponderance of evidence that driving privileges are necessary for his employment or for family health needs;
(i) The court may order that the juvenile offender be examined or treated by a physician, surgeon, psychiatrist, or psychologist or that he receive other special care or that he submit to an alcohol or drug evaluation, if needed, and for such purposes may place the juvenile offender in a hospital or other suitable facility;
(j) The court may order that the county probation office authorize a comprehensive substance abuse assessment of the juvenile offender. After receiving the comprehensive substance abuse assessment, and upon a finding by the court that treatment will provide a cost-effective means of achieving the sentencing goals of accountability, competency development and community protection, the court may order that the juvenile offender receive immediate treatment for substance abuse in keeping with a plan of treatment approved by the court. The initial cost of the assessment and treatment shall be borne by the department of juvenile corrections with funds allocated to the county probation office. The director of the department of juvenile corrections may promulgate rules consistent with this paragraph to establish a schedule of fees to be charged to parents by the county probation office for such services based upon the cost of the services and the ability of parents to pay;
(k) In support of an order under the provisions of this section, the court may make an additional order setting forth reasonable conditions to be complied with by the parents, the juvenile offender, his legal guardian or custodian, or any other person who has been made a party to the proceedings, including, but not limited to, restrictions on visitation by the parents or one (1) parent, restrictions on the juvenile offender’s associates, occupation and other activities, and requirements to be observed by the parents, guardian or custodian;
(l) The court may make any other reasonable order that is in the best interest of the juvenile offender or is required for the protection of the public, except that no person under the age of eighteen (18) years may be committed to jail, prison or a secure facility that does not meet the standards set forth in section 20-518, Idaho Code, unless jurisdiction over the individual is in the process of being waived or has been waived pursuant to section 20-508 or 20-509, Idaho Code. The court may combine several of the above-listed modes of disposition where they are compatible;
(m) An order under the provisions of this section for probation or placement of a juvenile offender with an individual or an agency may provide a schedule for review of the case by the court;
(n) Order the proceeding expanded or altered to include consideration of the cause pursuant to chapter 16, title 16, Idaho Code;
(o) Order the case and all documents and records connected therewith transferred to the magistrate division of the district court for the county where the juvenile offender and/or parents reside if different than the county where the juvenile offender was charged and found to have committed the unlawful or criminal act, for the entry of a dispositional order;
(p) Order such other terms, conditions, care or treatment as appear to the court will best serve the interests of the juvenile offender and the community;
(q) The court shall assess a twenty-dollar ($20.00) detention/probation training academy fee against the juvenile offender for every petition filed where there has been an adjudication that the juvenile offender is within the purview of this chapter. All moneys raised pursuant to this paragraph shall be transmitted by the court for deposit in the juvenile corrections fund, which is created in section 20-542, Idaho Code;
(r) Additionally, the court shall assess a fee of sixty cents (60¢) per hour of community service against the juvenile offender for every petition filed where there has been an adjudication that the juvenile offender is within the purview of this chapter and the court is ordering community service. Such fee is to be remitted by the court to the state insurance fund for purposes of providing worker’s compensation insurance for persons performing community service pursuant to this chapter. However, if a county is self-insured and provides worker’s compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required;
(s) Additionally, the court may assess a monthly probation supervision fee that shall be an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, against the juvenile offender placed on probation. The amount of the monthly probation supervision fee shall be paid to the clerk of the district court who shall deposit such fee into the county juvenile probation fund, which is hereby created, in each county or, at the option of the board of county commissioners, deposited in the county justice fund to be used for county juvenile probation services. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county juvenile probation services and related purposes;
(t) Commit the juvenile offender to the legal custody of the department of juvenile corrections for an indeterminate period of time, not to exceed the juvenile offender’s nineteenth birthday, unless the custody review board determines that extended time in custody is necessary to address competency development, accountability, and community protection; provided however, that no juvenile offender shall remain in the custody of the department beyond the juvenile offender’s twenty-first birthday. The department shall adopt rules implementing the custody review board and operations and procedures of such board. Juvenile offenders convicted as adults and placed in the dual custody of the department of juvenile corrections and the state board of correction under section 19-2601A, Idaho Code, are under the retained jurisdiction of the court and are not within the purview of the custody review board;
(u) Notwithstanding any other provision of this section, a court may not commit a juvenile offender under the age of ten (10) years to a period of detention or to the custody of the department of juvenile corrections for placement in secure confinement.
(2) When an order is entered pursuant to this section, the juvenile offender shall be transported to the facility or program so designated by the court or the department, as applicable, by the sheriff of the county where the juvenile offender resides or is committed, or by an appointed agent. When committing a juvenile offender to the department, or another entity, the court shall at once forward to the department or entity a certified copy of the order of commitment.
(3) Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order the juvenile offender or his parents or both to pay restitution to or make whole any victim who suffers an economic loss as a result of the juvenile offender’s conduct in accordance with the standards and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of restitution that may be ordered by the court shall not be subject to the limitations of section 6-210, Idaho Code. Court-ordered restitution shall be paid prior to any other court-ordered payments unless the court specifically orders otherwise. The clerk of the district court, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.
(4) The court may order the juvenile offender’s parents or custodian to pay the charges imposed by community programs ordered by the court for the juvenile offender, or the juvenile offender’s parents or custodian.
(5) Any parent, legal guardian or custodian violating any order of the court entered against the person under the provisions of this chapter shall be subject to contempt proceedings under the provisions of chapter 6, title 7, Idaho Code.
(6) The clerk of the district court, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of other debts owed to the court by the juvenile offender.
[20-520, added 1996, ch. 301, sec. 2, p. 989; am. 1996, ch. 301, sec. 3, p. 992; am. 1996, ch. 359, sec. 2, p. 1209; am. 1997, ch. 76, sec. 1, p. 158; am. 1997, ch. 262, sec. 1, p. 747; am. 1999, ch. 155, sec. 1, p. 431; am. 2000, ch. 329, sec. 1, p. 1106; am. 2000, ch. 466, sec. 1, p. 1444; am. 2001, ch. 15, sec. 1, p. 17; am. 2002, ch. 73, sec. 1, p. 160; am. 2002, ch. 97, sec. 1, p. 265; am. 2002, ch. 309, sec. 1, p. 880; am. 2007, ch. 308, sec. 1, p. 862; am. 2008, ch. 41, sec. 1, p. 96; am. 2009, ch. 102, sec. 3, p. 313; am. 2009, ch. 154, sec. 2, p. 449; am. 2012, ch. 19, sec. 16, p. 54; am. 2012, ch. 257, sec. 6, p. 712; am. 2015, ch. 87, sec. 1, p. 213; am. 2015, ch. 113, sec. 8, p. 291; am. 2019, ch. 219, sec. 2, p. 663; am. 2021, ch. 19, sec. 2, p. 48; am. 2022, ch. 20, sec. 2, p. 42; am. 2024, ch. 249, sec. 1, p. 881.]
If a juvenile offender has successfully completed and graduated from an authorized juvenile drug court program, juvenile mental health court program or other authorized problem solving court program and, during any period of probation that may have been served following such graduation, has satisfied the terms or conditions of the probation, the court may, if convinced by the showing made that there is no longer cause for continuing the period of probation, and if it be compatible with the public interest, terminate the juvenile’s sentence, set aside the adjudication of the juvenile offender finding the juvenile offender within the purview of the juvenile corrections act, and finally dismiss the case and discharge the juvenile offender from the jurisdiction of the court. This section shall apply to the cases in which juvenile offenders have been found within the purview of the juvenile corrections act before the effective date of this section, as well as to cases that arise on or after the effective date of this section.
[20-520A, added 2014, ch. 345, sec. 2, p. 866.]
Whenever a juvenile offender is found to come under the purview of this chapter, the court shall have jurisdiction and authority to have the juvenile offender and the juvenile offender’s parent(s), legal guardian or custodian sign a probationary contract with the court containing terms and conditions that the juvenile offender and the juvenile offender’s parent(s), legal guardian or custodian must adhere to as a condition of the juvenile offender’s probation. The probationary contract may provide that upon a violation or breach of the terms and conditions of the probationary contract, the juvenile offender’s parent(s), legal guardian or custodian shall be liable to the court for a specific monetary sum not in excess of one thousand dollars ($1,000) for the breach of contract. All such moneys shall be payable to the court and shall be in addition to any other fines, penalties or other sanctions provided by law. Any moneys received by the court pursuant to this section shall be paid into the juvenile corrections fund created in section 20-542, Idaho Code. In lieu of or in addition to a monetary payment, the court may order that the parent(s), legal guardian or custodian attend parenting classes or undergo other treatment or counseling. Any person violating any order of the court entered under the provisions of this section shall be subject to contempt proceedings under the provisions of chapter 6, title 7, Idaho Code.
[(20-522) 1989, ch. 155, sec. 6, p. 379; am. and redesig. 1995, ch. 44, sec. 23, p. 90; am. 1995, ch. 277, sec. 7, p. 936; am. 1996, ch. 359, sec. 3, p. 1211; am. 2001, ch. 15, sec. 2, p. 19; am. 2012, ch. 19, sec. 18, p. 57.]
In order to provide assistance to a court in making a disposition pursuant to section 20-520, Idaho Code, a screening team composed of a county probation officer or other investigation officer or agency designated by the court may meet and provide a written recommendation delineating options to the court for disposition of the case pursuant to this chapter.
[(20-523) 1989, ch. 155, sec. 7, p. 380; am. and redesig. 1995, ch. 44, sec. 24, p. 90; am. 1995, ch. 277, sec. 8, p. 936.]
(1) Whenever a juvenile or juvenile offender is placed by the court in custody other than that of his or her parents or custodian, after due notice to the parent or other persons legally obligated to care for and support the juvenile or juvenile offender, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum that will cover in whole or in part the support and treatment of the juvenile or juvenile offender. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt, or the order may be filed and shall have the effect of a civil judgment.
(2) If the juvenile or juvenile offender is detained, the court may order that the parents of the juvenile or juvenile offender or other legally obligated person contribute to the costs of detention in an amount to be set by the court. The order may be filed and shall have the effect of a civil judgment. It is the intent of the legislature that foster parents or a parent or legal guardian receiving public assistance relating to that juvenile or juvenile offender should not benefit from the continued receipt of payments or public assistance from any state or federal agency while the juvenile or juvenile offender is detained. The department of health and welfare is directed to promulgate a rule implementing this intent.
[(20-524) 1984, ch. 81, sec. 12, p. 156; am. 1986, ch. 222, sec. 9, p. 609; am. 1990, ch. 361, sec. 5, p. 977; am. 1992, ch. 194, sec. 1, p. 603; am. and redesig. 1995, ch. 44, sec. 25, p. 91; am. 1995, ch. 354, sec. 1, p. 1198; am. 1997, ch. 82, sec. 2, p. 194; am. 1998, ch. 292, sec. 4, p. 931; am. 2004, ch. 50, sec. 3, p. 238; am. 2012, ch. 19, sec. 19, p. 57; am. 2012, ch. 257, sec. 7, p. 715.]
If the juvenile offender is committed to the custody of the department of juvenile corrections pursuant to chapter 5, title 20, Idaho Code, the department shall reimburse the county for the period of time in excess of five (5) calendar days during which the juvenile offender is housed at a detention center. This time period shall begin to run on the first business day the department receives a copy of the order of commitment, executed by the court. Orders received by the department after 3 o’clock p.m., mountain time, on a business day, will be considered to have been received the next business day. Facsimile transmissions of the order are acceptable.
[20-524A, added 2004, ch. 50, sec. 4, p. 239; am. 2012, ch. 19, sec. 20, p. 58; am. 2026, ch. 13, sec. 2, p. 96.]
(1) The court shall maintain records of all cases brought before it. In proceedings under this act the following juvenile courtroom proceedings and records shall be open to the public: all proceedings against a juvenile offender of the age of fourteen (14) years or older and who is petitioned or charged with an offense which would be a felony if committed by an adult including the court docket, petitions, complaints, information, arraignments, trials, sentencings, probation violation hearings and dispositions, motions and other papers filed in any case in any district; transcripts of testimony taken by the court; and findings, verdicts, judgments, orders, decrees and other papers filed in proceedings before the court of any district.
(2) Juvenile courtroom proceedings and records shall remain confidential when the court and the prosecutor agree extraordinary circumstances exist that justify records of a juvenile offender of the age of fourteen (14) years or older and who is petitioned or charged with an offense which would be a felony if committed by an adult should remain confidential because it is in the best interest of the juvenile offender.
(3) In proceedings under this act the following records and court proceedings of juvenile offenders of the age of thirteen (13) years or younger shall not be withheld from public inspection, except on court order, which order must be made in writing in each case: the court docket, petitions, complaints, information, arraignments, trials, sentencings, probation violation hearings and dispositions, motions and other papers filed in any case in any district; transcripts of testimony taken by the court; and findings, verdicts, judgments, orders, decrees and other papers filed in proceedings before the court of any district.
(4) These records shall be open to inspection according to chapter 1, title 74, Idaho Code. All information obtained and social records prepared in the discharge of official duty by an employee of the court shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
(5) The victim of misconduct shall always be entitled to the name of the juvenile offender involved, the name of the juvenile offender’s parents or guardian, and their addresses and telephone numbers, if available in the records of the court.
(6) Notwithstanding the other provisions of this act and notwithstanding any order entered pursuant hereto, nothing in this act shall prohibit the exchange of records created pursuant to this act between prosecuting attorneys or courts in this state.
[(20-525) 1963, ch. 319, sec. 16, p. 876; am. 1977, ch. 156, sec. 4, p. 404; am. 1990, ch. 213, sec. 12, p. 498; am. 1990, ch. 245, sec. 2, p. 698; am. 1994, ch. 326, sec. 2, p. 1052; am. and redesig. 1995, ch. 44, sec. 26, p. 91; am. 1997, ch. 258, sec. 1, p. 732; am. 2012, ch. 19, sec. 21, p. 58; am. 2015, ch. 141, sec. 26, p. 406.]
(1) Any person who has been adjudicated in a case under this act and found to be within the purview of the act for having committed a felony offense or having been committed to the department of juvenile corrections may, after the expiration of three (3) years from the date of termination of the continuing jurisdiction of the court, or if the juvenile offender was committed to the juvenile correctional center then three (3) years from the date of his release from the juvenile correctional center, or after reaching age eighteen (18) years, whichever occurs last, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and of the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing.
(2) Any person who has been adjudicated in a case under this act and found to be within the purview of the act for having committed misdemeanor or status offenses only and not having been committed to the department of juvenile corrections may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing.
(3) In any case where the prosecuting attorney has elected to utilize the diversion process or the court orders an informal adjustment, the person may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing.
(4) A parent or guardian of a juvenile for whom a hearing is being held pursuant to this section who is appearing before or testifying at such hearing shall not be required to be represented by an attorney.
(5) The court may not expunge a conviction for any of the following crimes from a juvenile offender’s record:
(a) Administering poison with intent to kill (18-4014, Idaho Code);
(b) Aggravated battery (18-907, Idaho Code);
(c) Armed robbery (chapter 65, title 18, Idaho Code);
(d) Arson (chapter 8, title 18, Idaho Code);
(e) Assault with intent to commit a serious felony (18-909, Idaho Code);
(f) Assault with intent to murder (18-4015, Idaho Code);
(g) Assault or battery upon certain personnel, felony (18-915, Idaho Code);
(h) Forcible sexual penetration by use of a foreign object (18-6604, Idaho Code);
(i) Injury to child, felony (18-1501, Idaho Code);
(j) Kidnapping (18-4501, Idaho Code);
(k) Murder of any degree (18-4001 and 18-4003, Idaho Code);
(l) Rape, excluding statutory rape (18-6101, Idaho Code);
(m) Ritualized abuse of a child (18-1506A, Idaho Code);
(n) Sexual exploitation of a child (18-1507, Idaho Code);
(o) Unlawful use of destructive device or bomb (18-3320, Idaho Code);
(p) Voluntary manslaughter (18-4006 1., Idaho Code);
(q) A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code, when the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds that were, at the time of the violation, being used for an activity sponsored by or through such a school; or
(r) A violation of the provisions of section 37-2732B, Idaho Code, related to drug trafficking or manufacturing of illegal drugs.
(6) If the court finds after hearing that the petitioner has not been adjudicated as a juvenile offender for any of the crimes identified in subsection (5) of this section and has not been convicted of a felony or of a misdemeanor wherein violence toward another person was attempted or committed since the termination of the court’s jurisdiction or his release from the juvenile correctional center and that no proceeding involving such felony or misdemeanor is pending or being instituted against him, and if the court further finds to its satisfaction that the petitioner has been held accountable, is developing life skills necessary to become a contributing member of the community, and that the expungement of the petitioner’s record will not compromise public safety, it shall order all records in the petitioner’s case in the custody of the court and all such records, including law enforcement investigatory reports and fingerprint records, in the custody of any other agency or official sealed; and the court shall further order all references to said adjudication, diversion or informal adjustment removed from all indices and from all other records available to the public. However, a special index of the expungement proceedings and records shall be kept by the court ordering expungement, which index shall not be available to the public and shall be revealed only upon order of a court of competent jurisdiction. Copies of the order shall be sent to each agency or official named in the order. Upon the entry of the order, the proceedings in the petitioner’s case shall be deemed never to have occurred and the petitioner may properly reply accordingly upon any inquiry in the matter. Inspection of the records may thereafter be permitted only by the court upon petition by the person who is the subject of the records, or by any other court of competent jurisdiction, and only to persons named in the petition.
[(20-525A) 16-1618A, as added by 1969, ch. 299, sec. 1, p. 899; am. and redesig. 1995, ch. 277, sec. 9, p. 937; am. 1999, ch. 248, sec. 1, p. 636; am. 2004, ch. 160, sec. 1, p. 525; am. 2005, ch. 92, sec. 1, p. 311; am. 2012, ch. 19, sec. 22, p. 59; am. 2016, ch. 296, sec. 14, p. 843; am. 2022, ch. 20, sec. 3, p. 46; am. 2022, ch. 124, sec. 24, p. 458; am. 2023, ch. 237, sec. 1, p. 734; am. 2024, ch. 184, sec. 1, p. 671.]
Any person who by any act or neglect encourages, aids or causes a juvenile to come within the purview or jurisdiction of this chapter, or who after notice that the driving privileges of the juvenile offender have been suspended or restricted under the provisions of this chapter knowingly permits or encourages said juvenile offender to operate a motor vehicle in violation of such suspension or restriction, shall be guilty of a misdemeanor. The court may impose conditions upon any person found guilty under this section, and so long as such person shall comply therewith to the satisfaction of the court, the sentence imposed may be suspended.
[(20-526) 1963, ch. 319, sec. 17, p. 876; am. 1977, ch. 156, sec. 5, p. 405; am. and redesig. 1995, ch. 44, sec. 27, p. 92; am. 2012, ch. 19, sec. 23, p. 60.]
When a juvenile of compulsory school age is expelled or is reported to have repeatedly violated the attendance regulations of the school district in which the juvenile is enrolled, pursuant to section 33-206, Idaho Code, the prosecuting attorney may file a petition under this act. The court shall cause an investigation to be made and upon receipt of the written report of the investigation, the court may proceed under this act or the child protective act with respect to the juvenile and may proceed against the juvenile’s parent(s), guardian or custodian under this act pursuant to section 33-207, Idaho Code.
[(20-527) 1963, ch. 319, sec. 18, p. 876; am. and redesig. 1995, ch. 44, sec. 28, p. 92; am. 2002, ch. 348, sec. 3, p. 996.]
All orders or final judgments made by any court in matters affecting a juvenile offender within the purview of this act may be appealed by the juvenile offender or the state. A decision by the court pursuant to section 20-508, Idaho Code, not to waive jurisdiction under this act over the juvenile offender may be appealed by the state. Appeals shall be reviewed as provided by the appellate rules of the supreme court of Idaho, except no undertaking shall be required. Upon filing of the notice of appeal, the district court shall take jurisdiction of the case and if the juvenile offender is in detention shall promptly hold a hearing after the filing of a request to determine whether the juvenile offender shall remain in detention.
[(20-528) 1963, ch. 319, sec. 19, p. 876; am. 1971, ch. 170, sec. 3, p. 805; am. 1980, ch. 134, sec. 1, p. 293; am. and redesig. 1995, ch. 44, sec. 29, p. 92; am. 1997, ch. 54, sec. 1, p. 92; am. 2012, ch. 19, sec. 24, p. 61.]
The courts in the several counties of this state shall enter into a contract or agreement for probation services to the counties or, if the court deems local probation services are preferable, may appoint one (1) or more persons to serve as probation officers at the expense of the county with the concurrence of the county commissioners. County juvenile probation services may be paid for from funds generated by the fees collected pursuant to the provisions of section 20-520, Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners.
[(20-529) 1963, ch. 319, sec. 20, p. 876; am. 1976, ch. 272, sec. 1, p. 920; am. and redesig. 1995, ch. 44, sec. 30, p. 93; am. 2019, ch. 219, sec. 3, p. 666.]
(1) The department shall make periodic reassessments of all juvenile offenders committed to it for the purpose of determining whether existing orders and dispositions in individual cases should be modified or continued in force. Assessments may be made as frequently as the department considers desirable and shall be made with respect to every juvenile offender at intervals not exceeding one (1) year. Reports of periodic reassessments made pursuant to this section shall be filed with the court from which the juvenile offender was committed.
(2) The department shall keep written records of assessments, prognosis, and all orders concerning disposition or treatment of every juvenile offender committed to it.
(3) Failure of the department to assess a committed juvenile offender or to reassess him within one (1) year of a previous assessment shall not of itself entitle the juvenile offender to discharge from the control of the department but shall entitle him to petition the committing court for an order of discharge and the court shall discharge him unless the department satisfies the court of the need for further control.
[(20-530) 1963, ch. 319, sec. 23, p. 876; am. and redesig. 1995, ch. 44, sec. 32, p. 93; am. 2012, ch. 19, sec. 25, p. 61.]
(1) The department shall maintain and operate secure facilities for the custody of juvenile offenders who pose a danger of serious bodily harm to others or who have engaged in a pattern of serious criminal offenses, and who cannot be controlled in a less secure setting.
(2) The department shall provide or make available to juvenile offenders in secure facilities, instruction appropriate to the age, needs and range of abilities of the juvenile offenders. An assessment shall be made of each juvenile offender at the secure facility to determine abilities, learning disabilities, interests, attitudes and similar matters. Training in the development of competency and life skills designed to assist the juvenile offender in operating effectively within and becoming a contributing member of the community shall be provided. Prevocational education shall be provided to acquaint juvenile offenders with vocations, their requirements and opportunities.
(3) The department shall place juvenile offenders committed to the department in a state or privately operated secure facility that provides humane care and developmental opportunities for the juvenile offender while promoting accountability and community protection.
(4) The department shall adopt standards, policies and procedures for the regulation and operation of secure facilities. Such standards, policies and procedures shall not be inconsistent with law. Policies shall be promulgated as rules in compliance with chapter 52, title 67, Idaho Code.
[(20-531) 1989, ch. 155, sec. 9, p. 382; am. and redesig. 1995, ch. 44, sec. 34, p. 94; am. 2012, ch. 19, sec. 26, p. 61.]
(1) A juvenile offender committed to a secure facility shall remain until the juvenile offender:
(a) Reaches nineteen (19) years of age;
(b) Is retained for extended custody pursuant to section 20-520(1)(t), Idaho Code; or
(c) Is released or discharged.
(2) A juvenile offender committed to a secure facility shall appear before the department within ninety (90) days after commitment for review of treatment plans. Additionally, the juvenile offender shall appear before the custody review board prior to eighteen (18) consecutive months in custody, and every six (6) months thereafter, to review his continued custody with the department.
[(20-532) 1989, ch. 155, sec. 9, p. 382; am. and redesig. 1995, ch. 44, sec. 35, p. 94; am. 2002, ch. 309, sec. 2, p. 883; am. 2007, ch. 308, sec. 4, p. 869; am. 2012, ch. 19, sec. 27, p. 62; am. 2019, ch. 219, sec. 4, p. 667; am. 2022, ch. 20, sec. 4, p. 47; am. 2022, ch. 23, sec. 2, p. 66.]
Upon a finding by the Idaho department of juvenile corrections that a juvenile offender in the custody of the department has escaped, as described in section 18-2505(2) or 18-2506(2), Idaho Code, a written order signed by the director or his designee shall be a sufficient order for detention for any law enforcement officer to apprehend and take into custody such person. It is hereby made the duty of all sheriffs, police, constables, parole officers, prison officials and other peace officers to execute such order. From and after the issuance of the detention order and until taken into custody, the escapee shall be considered a fugitive from justice. Upon apprehension, the juvenile offender shall be detained in the closest available detention center and shall thereafter be transported by the department as soon as possible or, at the discretion of the detaining authority, the juvenile offender may be transported directly by that authority to the department’s nearest regional facility.
[20-532A, added 2000, ch. 105, sec. 1, p. 234; am. 2004, ch. 50, sec. 5, p. 239; am. 2012, ch. 19, sec. 28, p. 62; am. 2018, ch. 158, sec. 1, p. 315.]
(1) The department shall determine an appropriate date for release of the juvenile offender from the custody of the department, based upon guidelines established by the department. The department shall review and update policy guidelines annually.
(2) Juvenile offenders may be released to their own home, to a residential community-based program, to a nonresidential community-based treatment program, to an approved independent living setting, or to other appropriate residences, but shall remain on probation until the probation is terminated by the court. Following the release of a juvenile offender, the court may conduct a hearing to review the juvenile offender’s conditions of probation and determine whether existing conditions should be amended or eliminated or additional conditions imposed.
(3) County probation officers shall enforce probation conditions and supervise juvenile offenders while on probation. As authorized by court order, probation officers may establish additional reasonable conditions of probation with which the juvenile offender must comply. The juvenile offender may move for a hearing before the court to contest any conditions imposed by the probation officer. If the probation officer establishes additional conditions of probation, the probation officer shall advise the juvenile offender at the time such additional conditions are imposed of the juvenile offender’s right to move the court for a hearing to contest those conditions.
(4) When the department is considering release of a juvenile offender committed to the department for confinement, the department shall notify the prosecuting attorney of the county from which the juvenile offender was committed to confinement, the judge whose order caused the juvenile offender to be committed to confinement and the victims of the juvenile offender’s unlawful conduct. Notice shall also be given to the same parties upon the actual release of the juvenile offender from the department’s custody.
[(20-533) 1989, ch. 155, sec. 9, p. 383; am. and redesig. 1995, ch. 44, sec. 36, p. 94; am. 2012, ch. 19, sec. 29, p. 62; am. 2018, ch. 157, sec. 1, p. 314.]
(1) All meetings of the custody review board of the Idaho department of juvenile corrections shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code, provided however:
(a) Deliberations and decisions of the board concerning whether or not a juvenile offender shall be held in custody of the Idaho department of juvenile corrections for an extended period of time past his or her nineteenth birthday may be made in executive session; and
(b) Votes of individual members in custody decisions shall not be made public, provided that the board shall maintain a record of the votes of the individual members as required in subsection (2) of this section.
(2) A written record of the vote to retain the juvenile offender in custody for an extended period of time by each board member in each case reviewed by that member shall be produced by the board. Such record shall be kept confidential and privileged from disclosure, provided the record shall be made available upon request to the governor, the chairman of the senate judiciary and rules committee and the chairman of the house of representatives judiciary, rules and administration committee for all lawful purposes.
(3) A board member or employee of the Idaho department of juvenile corrections who distributes to any person not specifically listed in this section any hearing information or records that are legally required to be kept confidential shall be guilty of a misdemeanor.
(4) Nothing contained in this section shall prevent any person from obtaining the results of any action by the board or director of the Idaho department of juvenile corrections without reference to the manner in which any member voted, and the board shall make such information public unless doing so would violate public records laws.
(5) Nothing contained in this section shall prevent the director, designated staff of the director, the governor, the chairman of the senate judiciary and rules committee or the chairman of the house of representatives judiciary, rules and administration committee from attending any meeting, including any executive session, of the custody review board.
[20-533A, added 2003, ch. 164, sec. 2, p. 465; am. 2012, ch. 19, sec. 30, p. 63; am. 2017, ch. 58, sec. 10, p. 106; am. 2017, ch. 87, sec. 1, p. 234.]
Probation sections of the magistrate division of the district court shall render full and complete cooperation to the department in supplying the department with all pertinent information relating to juvenile offenders committed to the department. This information may include, without limitation, prior criminal history, social history, psychological evaluations, and identifying information specified by the department.
[(20-534) 1989, ch. 155, sec. 9, p. 385; am. and redesig. 1995, ch. 44, sec. 38, p. 95.]
The department shall annually review all state operated or state contracted programs which provide services to juvenile offenders and certify compliance with standards provided by the department. Written reviews shall be provided to the managers of those programs. Based upon policies established by the department, those programs which are unable or unwilling to comply with approved standards may not be certified. Any person owning or operating a private facility who willfully fails to comply with the standards established by the department shall be guilty of a misdemeanor.
[(20-535) 1989, ch. 155, sec. 9, p. 385; am. and redesig. 1995, ch. 44, sec. 39, p. 96; am. 2012, ch. 19, sec. 31, p. 63.]
Nothing in this chapter shall prohibit the department from contracting with private providers or other entities for the provision of care, treatment and supervision of juvenile offenders committed to the custody of the department, if these programs are certified as in compliance with department standards within six (6) months after commencing operation.
[(20-536) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 40, p. 96.]
All records maintained by providers under contract with the department to provide services to juvenile offenders are the property of the department and shall be returned to it when the juvenile offenders are terminated from the provider’s programs. The department shall maintain an accurate audit trail of information provided to other programs, providers or agencies regarding juvenile offenders under its jurisdiction.
[(20-537) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 41, p. 96.]
(1) The department or county probation shall make reasonable efforts to ensure that restitution is made to the victim of the juvenile offender. Restitution may be made through the employment of juvenile offenders in work programs or directly to the person; provided, however, that reimbursement to the victim is conditional upon the juvenile offender’s involvement in such program.
(2) Restitution may be made a condition of probation.
[(20-538) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 42, p. 96.]
There is hereby created in the state treasury a fund known as the "juvenile corrections victim restitution fund," which shall be administered by the department. Moneys in the fund shall consist of wage payments made to juvenile offenders in work programs, appropriations and moneys received by the department from whatever source. Moneys in the fund shall be utilized to provide full or partial restitution to victims of the juvenile offender’s delinquent behavior.
[(20-539) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 43, p. 97; am. 2001, ch. 14, sec. 1, p. 16.]
Each facility housing juvenile offenders in department custody, whether a state, other public or private contract facility, shall comply with the following requirements for disbursement and reporting:
(1) State facilities, upon receiving any moneys credited to a juvenile offender in its custody, shall deposit the funds in the juvenile corrections victim restitution fund pursuant to section 20-539, Idaho Code.
(2) Other public or private contract facilities housing juvenile offenders in department custody, upon receiving any moneys credited to or earned by a juvenile offender at the facility, shall directly distribute the moneys on or before the first day of each calendar quarter to the county court that committed the juvenile offender to department custody. Upon remitting moneys to a county on behalf of a juvenile offender, the facility shall report the direct distribution to the department for inclusion in the department’s records.
[20-539A, added 2001, ch. 14, sec. 2, p. 16; am. 2012, ch. 19, sec. 32, p. 64.]
When a juvenile offender has been committed to the department pursuant to this chapter, the department shall supply a report of the juvenile offender’s educational and developmental progress to the committing court as often as the court deems necessary in its order of commitment, but not less frequently than every three (3) months.
[(20-540) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 45, p. 97.]
The court shall be authorized to appoint a special commissioner to assist in the conduct of proceedings under this chapter. In any case in which the court refers a petition to the commissioner, the commissioner shall promptly cause the matter to be investigated and on the basis thereof shall either recommend dismissal of the petition or hold a hearing as provided in this act and make recommendations to the court regarding the disposition of the matter. Such commissioner shall be paid for services rendered on order of the court from county funds in such amount as is determined by the court.
[(20-541) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 47, p. 97.]
There is hereby created in the state treasury, the juvenile corrections fund. Moneys in the fund shall be utilized by the department for construction and administration of facilities under the jurisdiction of the department of juvenile corrections, for assistance to a county or series of counties in constructing, contracting for or administering detention facilities for juvenile offenders, to coordinate training for juvenile detention officers and/or juvenile probation officers, and for alternative programs designed to help juveniles avoid the traditional juvenile corrections system. All moneys in the fund may be expended only pursuant to appropriation by the legislature.
[(20-542) 1989, ch. 155, sec. 9, p. 388; am. and redesig. 1995, ch. 44, sec. 48, p. 98; am. 1999, ch. 155, sec. 2, p. 434; am. 2001, ch. 15, sec. 3, p. 20; am. 2012, ch. 19, sec. 33, p. 64.]
This act shall be liberally construed to the end that the legislative policy expressed herein is achieved. This act may be cited as the "Juvenile Corrections Act of 1995."
[(20-547) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 54, p. 100; am. 1995, ch. 277, sec. 12, p. 938; am. 2012, ch. 19, sec. 34, p. 64.]
Each juvenile offender who is engaged in productive work under the jurisdiction of the director of the department of juvenile corrections may receive for this work such compensation as the director shall determine, to be paid out of any funds available in the department of juvenile corrections competency development account. After payment of restitution pursuant to section 20-538, Idaho Code, compensation shall be credited to the account of the juvenile offender to be used for payment of fines, reimbursement to the department of juvenile corrections for expenses directly related to that juvenile offender, and upon certain circumstances, payment to the juvenile offender upon release from the department of juvenile corrections.
No juvenile offender compensated under this act shall be considered an employee of the state or the department of juvenile corrections, nor shall any juvenile offender come within any of the provisions of the worker’s compensation law, or be entitled to any benefits thereunder whether on behalf of himself or any other person.
[20-548, added 1997, ch. 265, sec. 1, p. 756; am. 2012, ch. 19, sec. 35, p. 64.]
Violation by a juvenile offender of a curfew established by a municipal or county ordinance shall constitute an infraction and is punishable by a fine of one hundred fifty dollars ($150). Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. Detention of a juvenile offender in a county jail or detention center for violation of a curfew is prohibited.
Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile’s parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile’s parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile’s appearance. The citation must provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian.
[20-549, added 1998, ch. 391, sec. 1, p. 1196; am. 2000, ch. 74, sec. 2, p. 158; am. 2012, ch. 19, sec. 36, p. 65; am. 2015, ch. 197, sec. 1, p. 607; am. 2021, ch. 19, sec. 4, p. 52.]
The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows:
For the detention of persons committed in order to secure their attendance as witnesses in criminal cases.
For the detention of persons charged with crime and committed for trial.
For the confinement of persons committed for contempt, or upon civil process, or by other authority of law.
For the confinement of persons sentenced to imprisonment therein upon a conviction for crime.
Any person who is arrested and taken to a county jail shall submit to the entire booking process, to include, but not be limited to, having his or her photograph taken and his or her fingerprints recorded. Any person who refuses to submit to the entire booking process will be held in the county jail until the process is completed, or until ordered to be released by a magistrate or district judge. A person held under this section shall be taken before a magistrate at the next scheduled first appearance time, but shall not be released until either the entire booking process is completed or the judge orders the release.
[(20-601) 1863, p. 475, sec. 17; R.S., R.C., & C.L., sec. 8525; C.S., sec. 9415; I.C.A., sec. 20-601; am. 1999, ch. 301, sec. 1, p. 753.]
(1) Each county jail shall house male and female prisoners separately.
(2) Each county jail shall house separately all juveniles processed as adults under Idaho Code.
(3) Each county jail shall develop an objective inmate classification system which addresses the safety of all prisoners and the security of the facility. The classification system shall be documented through the Idaho sheriffs’ association jail inspection program using the minimum standards for detention facilities.
[(20-602) 1863, p. 475, secs. 19, 20; R.S., R.C., & C.L., sec. 8526; C.S., sec. 9416; I.C.A., sec. 20-602; am. 1993, ch. 213, sec. 1, p. 579.]
All detention officers employed by the county sheriff who receive peace officer certification from the Idaho peace officer standards and training council shall have the authority given by statute to peace officers of the state of Idaho. The county sheriff shall have the authority to designate detention officers to act as peace officers when engaged in:
(1) Transportation of prisoners or apprehension and arrest of prisoners who have escaped; or
(2) Apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation; or
(3) Arrest of a person pursuant to court order or arrest warrant; or
(4) Arrest of a person without a warrant in cases where there is probable cause to believe the person has committed a crime within the confines of a county jail.
[20-603, added 2000, ch. 145, sec. 1, p. 374; am. 2013, ch. 146, sec. 1, p. 342.]
Any district judge or magistrate may order a person confined or detained, upon any grounds provided by law, in any county or municipal jail or other confinement facility within the judicial district in which the court is located. Such order may thereafter be amended to transfer such person from such jail or facility to another at any place within the judicial district. If the county in which the court is located has made an agreement with another governmental unit or agency located outside the judicial district for the confinement or detention of persons, then any district judge or magistrate acting in that county may also order a person confined or detained outside of the judicial district in the confinement facility or jail described in such agreement. All persons, officers and officials in charge of a jail or confinement facility shall accept a person for detention or confinement upon receiving a certified copy of an order made pursuant to this section.
[I.C., sec. 20-604, as added by 1973, ch. 2, sec. 2, p. 4.]
(1) For purposes of this section, "reimbursement rate" means ninety-five percent (95%) of the unadjusted medicaid rate of reimbursement for medical charges allowed pursuant to title XIX of the social security act, as amended, that is in effect at the time the service is rendered.
(2) The county wherein any court has entered an order pursuant to section 20-604, Idaho Code, shall pay all direct and indirect costs of the detention or confinement of the person to the governmental unit or agency owning or operating the jail or confinement facilities in which the person was confined or detained. The amount of such direct and indirect costs shall be determined on a per day per person basis by agreement between the county wherein the court entered the order and the county or governmental unit or agency owning or operating such jail or confinement facilities. In the absence of such agreement or order fixing the cost as provided in section 20-606, Idaho Code, the charge for each person confined or detained shall be the sum of thirty-five dollars ($35.00) per day, plus the cost of any medical or dental services paid at the reimbursement rate, unless a rate of reimbursement is otherwise established by contract or agreement; provided, however, that the county may determine whether the detained or confined person is eligible for any local, state, federal or private program that covers dental, medical and/or burial expenses. That person will be required to apply for those benefits, and any such benefits obtained may be applied to the detained or confined person’s incurred expenses, and in the event of the death of such detained or confined person, the county wherein the court entered the order shall pay all actual burial costs. Release from an order pursuant to section 20-604, Idaho Code, for the purpose of a person receiving medical treatment shall not relieve the county of its obligation of paying the medical care expenses imposed in this section. In case a person confined or detained was initially arrested by a city police officer for violation of the motor vehicle laws of this state or for violation of a city ordinance, the cost of such confinement or detention shall be a charge against such city by the county wherein the order of confinement was entered. All payments under this section shall be acted upon for each calendar month by the second Monday of the month following the date of billing.
[20-605, added 1973, ch. 2, sec. 3, p. 4; am. 1983, ch. 13, sec. 1, p. 48; am. 1986, ch. 115, sec. 1, p. 307; am. 1992, ch. 138, sec. 1, p. 428; am. 1994, ch. 362, sec. 1, p. 1136; am. 2009, ch. 177, sec. 1, p. 558; am. 2011, ch. 291, sec. 1, p. 794; am. 2023, ch. 32, sec. 1, p. 161.]
If a district judge or magistrate orders the confinement or detention of any person under the preceding section 20-604, Idaho Code, in a jail or confinement facility in which there is no agreement as to the daily costs of confinement or detention, then any governmental unit or agency involved may apply by petition to the district court of the county in which such jail or confinement facility is located to determine the direct and indirect costs of confinement per person per day at the jail or facility. Such petition shall be filed with the district court and a copy thereof served upon the board of county commissioners or clerk thereof of the county or counties to be affected thereby, which county or counties shall be denominated as the respondent. Such respondent shall thereafter be allowed twenty (20) days to appear and plead to said petition. The determination of such costs shall be made by a district judge sitting without a jury in the same manner as other civil actions under all rules of procedure for district courts of the state of Idaho. Upon the final determination of the petition by trial or otherwise, the district court shall enter a decree binding upon all parties thereto for all persons then confined from said county or counties joined in the petition, stating the dollar amount of the confinement or detention costs per person per day which shall be paid by any such county confining or detaining persons in the jail or facility pursuant to a court order made under section 20-604, Idaho Code. Such decree shall have the force and effect of a final judgment, but the district court shall have continuing jurisdiction to vacate or modify such decree upon a material change of circumstances affecting such costs.
[I.C., sec. 20-606, as added by 1973, ch. 2, sec. 4, p. 4; am. 1989, ch. 231, sec. 1, p. 560.]
(1) The county sheriff shall seek reimbursement for any expenses incurred by the county in relation to the charge or charges for which a person was sentenced to a county jail as follows:
(a) From each person who is or was a prisoner, not more than twenty-five dollars ($25.00) per day for the expenses of maintaining that prisoner up to a maximum of five hundred dollars ($500), whichever is less, for the entire period of time the person was confined in the county jail, including any period of pretrial detention;
(b) Any other expenses incurred by the county in order to collect payments under this section;
(c) In pursuing reimbursement under this section the county may investigate the financial status of the person.
(d) The county where the person was sentenced shall charge the person a daily maintenance cost according to paragraph (a) of this subsection and shall seek reimbursement once the debt has been incurred.
(2) Before seeking any reimbursement under this section, the sheriff shall develop a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the age and marital status of the prisoner, the number and ages of children of the prisoner, the number and ages of other dependents, type and value of real estate, type and value of real and personal property, type and value of investments, cash, bank accounts, pensions, annuities, salary, wages and any other personal property of significant cash value. The county shall use the form when investigating the financial status of a prisoner and when seeking reimbursement.
(3) (a) A prisoner in a county jail shall provide accurate information and cooperate with the county sheriff for purposes of satisfying subsection (2) of this section.
(b) A prisoner who willfully refuses to provide accurate information or cooperate as provided in paragraph (a) of this subsection shall not receive a reduction in his or her term under section 20-621, Idaho Code.
(4) At the request of the board of county commissioners, the sheriff of the county shall forward to the board a list containing the name of each sentenced prisoner, term of sentence and date of admission.
(5) (a) Within one (1) year of the release of a person as a sentenced prisoner from any county jail, a representative for that county may file a civil action in the magistrate’s division pursuant to the provisions of chapter 23, title 1, Idaho Code, to seek reimbursement from that person for the cost of incarceration. A civil action may be filed only after determining from the financial status form, as required in subsection (2) of this section, that sufficient assets are available to justify further recovery efforts and that further action to collect the daily expense for maintaining the sentenced person by the county will not cause the sentenced person or his dependents to qualify for public assistance.
(b) A civil action brought under this section shall be instituted in the name of the county in which the jail is located and shall state the dates and places of sentence, the length of time set forth in the sentence, the length of time actually served, and the amount or amounts due to the county pursuant to this section.
(c) Before entering any order on behalf of the county against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, other dependents or provide victim restitution and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.
(6) The reimbursements secured under this section shall be credited to the justice fund or current expense fund of the county to be available for jail maintenance and operation purposes.
[20-607, added 1997, ch. 102, sec. 1, p. 236; am. 2003, ch. 245, sec. 1, p. 635; am. 2007, ch. 85, sec. 1, p. 236.]
A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner with a note thereon of the time of its service. For a neglect to do so he is liable to the prisoner for all damages occasioned thereby.
[(20-610) 1863, p. 475, sec. 28; R.S., R.C., & C.L., sec. 8537; C.S., sec. 9427; I.C.A., sec. 20-613.]
A county sheriff may hire a temporary guard or private security service to assist in the protection of the county jail, to transport inmates from one location to another, or to safely keep prisoners at a location such as a hospital, hospice care, or long-term care facility when required. The provisions of this section shall not confer onto any such hired person the powers of a peace officer or county detention officer.
[20-611, added 2022, ch. 281, sec. 1, p. 893.]
The sheriff must receive all persons committed to jail by competent authority except mentally ill persons not charged with a crime and juveniles. It shall be the duty of the board of county commissioners to furnish all persons committed to the county jail with necessary food, clothing, bedding, and medical care, and the board of county commissioners is authorized to pay therefor out of the county treasury under such rules and regulations as they may prescribe. The county’s obligation herein shall not apply when the person is no longer committed to the county jail if the person has been released pursuant to a dismissal, bail, or any other court order of release, unless the release is a temporary release from the jail solely for the purpose of receiving medical care for an injury that occurred while committed in the county jail. Nothing in this chapter precludes a released person from access to coverage under chapter 35, title 31, Idaho Code.
[(20-612) 1863, p. 475, sec. 30; R.S., R.C., & C.L., sec. 8539; C.S., sec. 9429; I.C.A., sec. 20-615; am. 1949, ch. 150, sec. 1, p. 306; am. 1992, ch. 138, sec. 2, p. 428; am. 1994, ch. 362, sec. 2, p. 1136; am. 2019, ch. 255, sec. 1, p. 763.]
Whenever a person is committed upon process in a civil action or proceeding, except when the people of this state are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs or orders of court.
[(20-613) 1863, p. 475, sec. 31; R.S., R.C., & C.L., sec. 8540; C.S., sec. 9430; I.C.A., sec. 20-616.]
(1) A prisoner committed to the county jail by any court for trial or examination, or upon conviction for a public offense, must be confined in the jail until he is legally discharged unless the court specifies otherwise.
(2) If the committed person has been regularly employed, the sheriff shall, if ordered by the committing judge, arrange for a continuation of said employment insofar as possible without interruption.
(3) Whenever the prisoner is not employed, and between the hours or periods of his employment, he shall be confined in jail as an ordinary prisoner.
(4) In case of any violation of the conditions laid down for his conduct, custody and employment the prisoner shall be returned to the court, and the court may then require the balance of his or her sentence be spent in actual confinement and may cancel any earned diminution of his or her term.
(5) The sheriff shall receive such extra compensation and mileage for the administration of this act as the county commissioners determine.
(6) The court may also by its order authorize the use of a jail in a contiguous or other county where the prisoner is employed, and while the prisoner is so employed under this act such prisoner shall be in the other county’s custody.
(7) The defendant may be incarcerated on nonemployment days only. If such confinement is approved, the court shall provide that the county jail shall be reimbursed the costs of confinement, in the amount provided in section 20-605, Idaho Code, by the defendant.
[(20-614) 1863, p. 475, sec. 32; R.S., R.C., & C.L., sec. 8528; C.S., sec. 9418; I.C.A., sec. 20-604; am. 1957, ch. 237, sec. 1, p. 567; am. 1977, ch. 11, sec. 1, p. 22; am. 1987, ch. 182, sec. 1, p. 361; am. 1989, ch. 104, sec. 1, p. 237; am. 1989, ch. 231, sec. 2, p. 560; am. 1993, ch. 213, sec. 3, p. 579; am. 1994, ch. 28, sec. 1, p. 46; am. 2000, ch. 115, sec. 1, p. 254.]
The sheriff must receive and keep in the county jail any prisoner committed thereto by process or order issued under the authority of the United States, until he is discharged according to law, as if he had been committed under process issued under the authority of this state; provision being made by the United States for the support of such prisoner.
[(20-615) 1863, p. 475, sec. 31; R.S., R.C., & C.L., sec. 8529; C.S., sec. 9419; I.C.A., sec. 20-605.]
A sheriff to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe-keeping in the courts of the United States, according to the laws thereof.
[(20-616) 1863, p. 475, sec. 42; R.S., R.C., & C.L., sec. 8530; C.S., sec. 9420; I.C.A., sec. 20-606.]
Persons confined in the county jail under a judgment of conviction, suspended sentence or withheld judgment rendered in any criminal case, either under a judgment of imprisonment or a judgment for the payment of a fine and costs, or persons participating in a diversion program pursuant to section 19-3509, Idaho Code, may be required to perform labor on federal, state or other governmental projects or community service projects.
[(20-617) 1868, p. 90, sec. 1; R.S. & R.C., sec. 8541; am. 1915, ch. 141, p. 298, sec. 1; reen. C.L., sec. 8541; C.S., sec. 9431; am. 1927, ch. 74, sec. 1, p. 93; I.C.A., sec. 20-617; am. 2000, ch. 112, sec. 1, p. 249; am. 2016, ch. 212, sec. 1, p. 597; am. 2019, ch. 305, sec. 10, p. 915.]
County jails which provide commissary items to inmates, and collect the costs or a portion of the costs for such items from an inmate with sufficient funds to pay for items, are authorized to create a self-perpetuating commissary fund. The purpose of the commissary fund is to both supply and provide a fund from which reimbursement can be made to the county for an inmate’s use or purchases of necessary hygiene items, recreational devices and other inmate care items, medical items and services, and any other debts incurred pursuant to this chapter. This fund shall be subject to a yearly audit authorized by the board of county commissioners.
[20-618, added 1994, ch. 29, sec. 1, p. 47; am. 1996, ch. 14, sec. 1, p. 34; am. 2005, ch. 181, sec. 1, p. 555.]
(1) County sheriff departments administering county jails may charge a nominal fee of twenty dollars ($20.00) to any nonindigent inmate who has sufficient funds in his commissary or personal account for the purpose of seeing the jail provided doctor or nurse for a medical complaint. In the event that an inmate is indigent, such service shall be provided by the county at no cost.
(2) The county sheriff departments administering county jails may charge actual costs to any nonindigent inmate who has sufficient funds in his commissary or personal account for pharmaceuticals prescribed or authorized by jail medical staff.
(3) A "nonindigent" inmate, for purposes of this section, is an inmate who has money in his commissary or personal account normally used for the purchase of personal items for the inmate.
(4) All debts incurred pursuant to this section may be collected from the inmate’s commissary or personal account, in whole or in part, at any time during the period of incarceration, whenever moneys exist in or are placed into the inmate’s commissary or personal account, provided that the jail has in place a process by which the affected inmate may contest the assessment of moneys owed. Collection of moneys owed may occur at any time, in whole or in part, until such time as the full balance of the moneys owed is completely retired, provided that there shall be no further efforts to collect the debt after four (4) years from the date in which the debt was actually incurred.
(5) The county sheriff may require the inmate to provide health insurance information including, but not limited to, group, plan and identification numbers. The county sheriff is authorized to submit medical costs to the inmate’s health insurance company on behalf of the inmate.
[20-619, added 1994, ch. 213, sec. 1, p. 672; am. 2001, ch. 50, sec. 1, p. 92; am. 2005, ch. 181, sec. 2, p. 556.]
No prisoner liable to employment as provided in this chapter shall be exempt therefrom except by reason of physical disability.
[(20-620) 1895, p. 100, sec. 4; reen. 1899, p. 253, sec. 4; reen. R.C., sec. 8542d; compiled and reen. C.L., sec. 8542d; C.S., sec. 9435; I.C.A., sec. 20-620.]
Every person serving a jail sentence in a county jail in the state of Idaho who has a good record as a prisoner and who performs the tasks assigned him in an orderly and peaceable manner, shall upon the recommendation of the sheriff be allowed five (5) days off of each and every month of his sentence, by the magistrate judge.
[(20-621) 1915, ch. 130, p. 287; reen. C.L., sec. 8542e; C.S., sec. 9436; I.C.A., sec. 20-621; am. 1989, ch. 231, sec. 4, p. 561.]
The county commissioners must inspect the county jail, and once every three (3) months inquire into the state thereof as respects the security thereof, treatment and condition of the prisoners, and take all necessary precaution against escape, sickness or infection.
[(20-622) 1863, p. 596, sec. 2; R.S., R.C., & C.L., sec. 8543; C.S., sec. 9437; I.C.A., sec. 20-622.]
Whenever any defendant is confined solely for willful non-payment of any fine, the court, may, in lieu of payment, confine such person at the rate of thirty-five dollars ($35.00) per day until the fine imposed is satisfied.
[(20-624) 1863, p. 596, sec. 8; R.S., R.C., & C.L., sec. 8545; C.S., sec. 9439; I.C.A., sec. 20-624; am. 1957, ch. 11, sec. 1, p. 14; am. 1989, ch. 231, sec. 6, p. 561; am. 1992, ch. 138, sec. 3, p. 428; am. 1995, ch. 265, sec. 1, p. 848.]
Any person who shall deliver or attempt to deliver or shall have in his possession with the intent to deliver, any letter, article or thing, to one confined in a county jail or in any other place or building used or substituted for a county jail, or who deposits or conceals any letter, article or thing in or about such jail or in or about such other place or building used or substituted for a county jail with the intent that one confined in such jail or such other place or building shall obtain or receive the same, without the knowledge or permission of the sheriff or a deputy sheriff; or any person who shall receive from one confined within a jail any letter, article or thing with the intent to convey the same out of the jail without the knowledge and permission of the sheriff or a deputy sheriff; or any person who shall purchase, exchange, take or receive from any prisoner while he may be working or remaining outside the county jail, any letter, article or thing without the knowledge and permission of the sheriff or a deputy sheriff, shall be guilty of a misdemeanor.
[(20-627) C.S., sec. 9441-A, as added by 1929, ch. 213, sec. 1, p. 433; I.C.A., sec. 20-627.]
(1) In any case, whether filed in state, federal or administrative court, in which a prisoner in a county jail submits a frivolous or malicious claim, or knowingly testifies falsely or otherwise knowingly presents false evidence or information to the court, the prisoner may be subject to jail disciplinary action. Such disciplinary action may be initiated upon the court’s finding that:
(a) The prisoner has filed a claim that is frivolous or malicious;
(b) The prisoner filed a claim solely to harass the party;
(c) The prisoner has knowingly testified falsely or otherwise knowingly submitted false evidence or information to the court; or
(d) The prisoner has committed a fraud upon the court.
(2) In the absence of a finding by the court under subsection (1) of this section, and upon review and recommendation by the county prosecutor, or the attorney general, a disciplinary hearing may be held by the appropriate authority at the county jail, pursuant to chapter 6, title 20, Idaho Code, to determine whether the prisoner has filed a claim that is malicious or intended solely to harass the party, or has testified falsely or otherwise presented false evidence or information to the court.
(3) Upon a finding of guilt under either subsection (1) or (2) of this section, the prisoner shall be subject to jail disciplinary detention and loss of privileges consistent with established jail disciplinary procedures.
[20-628, added 1996, ch. 420, sec. 4, p. 1400.]
Whenever any Idaho county sheriff’s office is required to expend money from its budget in order to travel to another state to collect a prisoner, probationer, or parolee who has absconded from the supervision of the Idaho department of correction, the sheriff, upon completion of the collection of the prisoner, probationer, or parolee and the placement of such person in the county jail, may seek reimbursement for the cost of returning the person to Idaho from the agency from which the person absconded as indicated in court records. Such reimbursement shall be sought by submitting an invoice detailing the cost of such recapture, including any mileage or travel costs, costs for personnel, overtime costs associated with coverage for traveling personnel, or any other reasonable costs associated with returning the absconding person to custody in Idaho. The Idaho department of correction shall budget moneys annually for expenses as provided in this section and shall, upon receiving the invoice from a county sheriff’s office, ensure reimbursement occurs within thirty (30) days of receiving such invoice.
[20-629, added 2026, ch. 224, sec. 1, p. 1000.]
The Interstate Corrections Compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I–PURPOSE AND POLICY
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
ARTICLE II–DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under sentence to, or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined.
ARTICLE III–CONTRACTS
(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
Its duration.
Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
Delivery and retaking of inmates.
Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV–PROCEDURES AND RIGHTS
(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III of this act.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials at the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V–ACTS NOT REVIEWABLE IN RECEIVING STATE:
EXTRADITION
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI–FEDERAL AID
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.
ARTICLE VII–ENTRY INTO FORCE
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
ARTICLE VIII–WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one (1) year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
ARTICLE IX–OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
All contracts made pursuant to section 20-705, Idaho Code, prior to the effective date of this act are hereby ratified according to their terms and conditions for the life of such contracts.
ARTICLE X–CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
ARTICLE XI–POWERS
The board of correction is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and may in its discretion delegate this authority to the director of corrections; provided, however, that any contract on behalf of this state to implement the participation of this state in this compact shall not be of any force or effect until approved by the board of examiners.
[I.C., sec. 20-701, as added by 1974, ch. 249, sec. 2, p. 1638.]
Any court or other agency or officer of this state having power to commit or transfer an inmate (as defined in Article II(d) of the Interstate Corrections Compact) to any institution for confinement may commit or transfer such inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in said institution pursuant to Article III of the Interstate Corrections Compact.
[20-702, added 1959, ch. 56, sec. 2, p. 117; am. 1974, ch. 249, sec. 3, p. 1638.]
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purpose and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
[20-703, added 1959, ch. 56, sec. 3, p. 117.]
The board of correction or such other agency or officer designated for such purpose by the governor, is hereby authorized and directed to hold such hearings within or without the state of Idaho as may be requested by any other party state pursuant to Article IV(f) of the Interstate Corrections Compact.
[20-704, added 1959, ch. 56, sec. 4, p. 117; am. 1974, ch. 249, sec. 4, p. 1638; am. 2025, ch. 47, sec. 2, p. 223.]
In this chapter:
(1) "Contracting authority" means a board of county commissioners or the governing body of a city.
(2) "Correctional facility" means a facility for the confinement of prisoners. The term shall be construed to include references to terms including, but not limited to, "prison," "state prison," "state penitentiary," "governmental detention facility," "penal institution (facility)," "correctional institution," "detention institution (facility)," "county jail," "jail," "private prison (facility)" or "private correctional facility." The term does not include a treatment facility designed to evaluate and treat substance abuse when the treatment facility is operated under the direction of a political subdivision of the state of Idaho.
(3) "Governmental entity" means a state, county, city, municipal corporation or other political subdivision of the state, or a territory of the United States and any political subdivision thereof.
(4) "In-state prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated or on parole for that crime or in custody for trial and sentencing, and who is being housed in any state, local or private correctional facility, or who is being transported in any manner within or through the state of Idaho.
(5) "Local correctional facility" means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include references to "county jail," or "jail." The term shall also include a private correctional facility housing prisoners under the custody of the state board of correction, the county sheriff or other local law enforcement agency.
(6) "Medium security" or "medium custody" means a security or custody classification reserved for prisoners who have demonstrated an ability to follow institutional rules and regulations, who may have a considerable amount of time remaining to serve and who may present an escape risk at a lower assigned custody level.
(7) "Minimum security" or "minimum custody" means a security or custody classification reserved for prisoners who have continuously demonstrated an ability to follow institutional rules and regulations; who are either committed for a nonviolent crime or are committed on a violent crime; who are generally within twelve (12) months of parole eligibility; and who normally do not present an escape risk.
(8) "Out-of-state prisoner" or "out-of-state inmate" means a person who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho.
(9) "Prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated or on parole for that crime or in custody for trial and sentencing, or who is convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility, or who is being transported in any manner within or through the state of Idaho. The term shall be construed to include references to terms including, but not limited to, "inmate," "convict," "detainee," and other similar terms, and shall include "out-of-state prisoner" and "out-of-state inmate."
(10) "Private prison contractor" means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services. For purposes of this chapter, "private prison contractor" does not include those persons, organizations, partnerships, joint ventures, corporations or other business entities that contract with a political subdivision of the state of Idaho for the construction of a facility provided the facility will be operated by the political subdivision or where the facility is operated under the direction of the political subdivision and is designed to evaluate and treat substance abuse.
(11) "Private prison facility" or "private correctional facility," for purposes of this chapter, means a correctional facility constructed or operated in the state of Idaho by a private prison contractor pursuant to contract with a contracting authority as defined herein.
[20-801, added 1998, ch. 360, sec. 1, p. 1124; am. 2001, ch. 335, sec. 1, p. 1178.]
The provisions of this chapter shall not apply to contracts of the state of Idaho for the housing of inmates in a private prison facility or local government detention facility.
[20-802, added 1998, ch. 360, sec. 1, p. 1124.]
(1) A private prison contractor may not construct or operate a private prison facility in this state except pursuant to a contract with the state of Idaho, as authorized in chapter 2, title 20, Idaho Code, or pursuant to a written contract with a county or city of this state, as authorized by the provisions of this chapter.
(2) A private prison contractor may not house in a private prison facility in this state prisoners who have been convicted of offenses committed against the laws of a governmental entity other than the state of Idaho and its political subdivisions except pursuant to a written contract with the board of county commissioners of the county in which the facility is located or the governing body of the city in which the facility is located, and only if the requirements of this chapter are met.
[20-803, added 1998, ch. 360, sec. 1, p. 1124; am. 2001, ch. 335, sec. 2, p. 1180.]
(1) A board of county commissioners or the governing body of a city may authorize the housing of specific minimum to medium security prisoners of the county or the city in a private prison facility pursuant to contract with the private prison contractor and subject to the review and approval of the prisoners by the department of correction. Provided, however, that in no event shall a board of county commissioners or the governing body of a city authorize, nor shall the department of correction approve, housing of any maximum or close custody prisoners, inmates imprisoned for sexual offenses or prisoners with a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined, or a history or record of escape or attempted escape from secure custody.
(2) A board of county commissioners may not contract with a private prison contractor in which a commissioner or an elected or appointed peace officer or other county official has an interest pursuant to chapter 5, title 74, Idaho Code. The governing body of a city may not contract with a private prison contractor in which the mayor, a member of the city council, or any appointed peace officer or other city official has an interest pursuant to chapter 5, title 74, Idaho Code. A contract made in violation of the provisions of this subsection is voidable.
[20-804, added 1998, ch. 360, sec. 1, p. 1125; am. 2001, ch. 335, sec. 3, p. 1180; am. 2015, ch. 141, sec. 27, p. 407.]
(1) A board of county commissioners or the governing body of a city, may enter into a contract with a private prison contractor for the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services, subject to the following requirements and limitations:
(a) Any request for proposals, any original contract, any contract renewal, any price or cost adjustment or any other amendment to any contract for the incarceration of individuals in a private prison facility shall be reviewed and approved by the contracting authority. The contract shall be in a form as provided for by the department of administration in consultation with the department of correction;
(b) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the contracting authority that the contractor possesses the necessary qualifications and experience to provide the services specified in the contract; that the contractor can provide the necessary qualified personnel to implement the terms of the contract; that the financial condition of the contractor is such that the terms of the contract can be fulfilled; that the contractor has the ability to comply with applicable court orders and meet corrections standards; and that the proposed private prison facilities or the correctional services proposed by the contractor meet constitutional minimums;
(c) The contract shall provide for the assumption of liability by the private prison contractor for all claims arising from the services performed under the contract by the private prison contractor;
(d) No contract authorized by the provisions of this section shall be awarded until the private prison contractor provides a policy of insurance for all claims satisfactory to the contracting authority specifically including, but not limited to, insurance for civil rights claims as determined by a risk management or actuarial firm with demonstrated experience in public liability for state governments. The insurance policy shall provide coverage for the private prison contractor and its officers, guards, employees and agents as well as insure the state, including all state agencies, and all political subdivisions of the state with jurisdiction over the facility or in which a facility is located against all claims arising from the services performed under the contract by the private prison contractor, its officers, guards, employees and agents. The private prison contractor shall immediately provide written notification of cancellation of insurance to the state department of correction and the contracting authority. The private prison contractor may not self-insure. Proof of insurance shall be provided on or before January 1 of every year to the state department of correction and the contracting authority;
(e) If the contract includes construction or renovation, the contract shall require a performance bond approved by the contracting authority that is adequate and appropriate for the proposed construction or renovation contract;
(f) Except as otherwise permitted under the constitution or laws of the state of Idaho, no contract awarded pursuant to this section shall provide for the encumbrance of funds beyond the amount available for a fiscal year;
(g) The contract shall require the private prison contractor to be licensed by the department of correction pursuant to the provisions of this chapter.
(2) Any contract between a contracting authority and a private prison contractor, whereby the contractor provides for the housing, care, and control of prisoners in a facility operated by the contractor, shall contain, in addition to other provisions, terms and conditions:
(a) A requirement that the private prison contractor provide the services in a facility which meets correctional standards satisfying constitutional minimums, state and federal laws, rules and regulations and applicable court orders, including, but not limited to, all sanitation, food service, safety and health regulations;
(b) A requirement that the private prison contractor send copies of reports of inspections completed by appropriate authorities regarding compliance with laws, rules and regulations of the type described in subsection (2)(a) of this section to the governing authority of the local public entity in which the correctional facility is located;
(c) If a private prison contractor enters into a contract with a board of county commissioners for a private prison facility to be located on private land within the limits of any city, it shall be required that the contractor obtain written authorization from the governing body of the city in which the facility is to be located;
(d) A requirement that the private prison contractor provide training to its personnel to a level acceptable to the contracting authority. The provisions of this section shall not be construed to confer peace officer status upon any employee of the private prison contractor or to authorize the use of firearms. A private correctional officer or other designated employee of a private prison contractor may carry and use firearms in the course of the officer’s or employee’s employment only if the officer or employee is certified as having satisfactorily completed a training program approved by the department of correction and only if used to prevent escape from the facility or from custody while being transported to or from the facility or to prevent an act which would cause death or serious bodily injury to any person. The provisions of this section shall not be construed to confer county or city employee status upon any employee of the private prison contractor;
(e) A requirement that the private prison contractor will not employ any person at the private prison facility until after the private contractor has submitted to the bureau of criminal identification, on a form prescribed by the bureau, a request that the bureau conduct a criminal records check of the person and a requirement that the private prison contractor will not employ any person at the facility if the records check or other information possessed by the contractor indicates that the person has a criminal history or record, regardless of the form of judgment;
(f) A requirement that the private prison facility be staffed at all times to ensure supervision of prisoners and maintenance of security within the private prison facility and to provide for appropriate programs, transportation, security and other operational needs. In determining security needs for the private prison facility, the private contractor and the contract requirements shall fully take into account all relevant factors including, but not limited to, the proximity of the facility to neighborhoods and schools;
(g) A requirement that the private prison contractor, its officers, guards, employees, and agents immediately notify the county sheriff and any other law enforcement or other governmental entities, agencies or personnel named in the contract or required to be informed as provided in this chapter of any riot, rebellion, escape, crime or other emergency situation occurring inside or outside the facility, and a requirement that the private prison contractor reimburse costs as provided in section 20-809, Idaho Code. Notification shall be made by telephone and in writing. The written notice may be made by facsimile transmission or mail;
(h) A requirement that the private contractor adopt and use in the private prison facility a drug testing and treatment program that meets the standards of any drug testing and treatment program the department of correction uses for its prisoners in state correctional institutions;
(i) A requirement that the private prison contractor provide advance written notice to the county sheriff of the contracting authority and any other law enforcement or other governmental entities, agencies or personnel named in the contract, of its intent to provide for transport of any prisoners to or from the private prison facility and of the intended destination;
(j) A requirement that the private prison contractor shall be solely responsible for any damage caused by a prisoner in its custody and shall be solely responsible for security and all costs associated with transporting and housing prisoners to and from locations outside the private prison facility including, but not limited to, court, medical and sending facility locations. The private prison contractor’s responsibility for costs will include, but not be limited to, all costs which may be required by court officials for additional security for the prisoner provided by federal, state, county or city officials;
(k) A requirement that no prisoner shall be housed in a private prison facility pursuant to this chapter without the prior approval of the department of correction pursuant to the provisions of this chapter. Prior to housing any proposed prisoner in the private prison facility, all records in the possession of, or available to, the sending entity, including, but not limited to, classification, medical information, conduct and confinement history of the prisoner shall be provided to the department of correction for review and the department shall have the authority to approve or reject housing of the prisoner based on standards as set forth pursuant to this chapter. Provided however, that in lieu of providing the department of correction with medical information of a prisoner, a sending entity may elect to certify, by a physician licensed in this state and employed by, or under contract with, the private prison facility, that the prisoner under consideration for placement in the facility has been tested, and has not tested positive, for the presence of HIV antibodies or antigens, hepatitis B virus, hepatitis C virus and tuberculosis;
(l) A requirement that the private prison contractor, prior to housing any out-of-state prisoner in the private prison facility under the contract, enter into an agreement with the local contracting governmental entity that sets forth a conversion plan that will be followed if, for any reason, the facility is closed or ceases to operate. The conversion plan shall provide, in part, that the private prison contractor shall be responsible for housing and providing for the transportation of the prisoners who are in the facility at the time it is closed or ceases to operate and for the cost of such housing and transporting of those prisoners;
(m) A requirement that the private prison contractor conform to applicable standards, and obtain accreditation from, the American correctional association and the national commission on correction health care;
(n) A requirement that the private prison contractor indemnify and hold harmless the state, its officers, agents and employees and any local governmental entity in the state with jurisdiction over the place at which the private prison facility is located or that owns the private prison facility, and shall reimburse the state or local governmental entity for costs incurred defending the state or local governmental entity or any of its officers, agents or employees against all claims including the following:
(i) Any claims or losses for services rendered by the contractor, its officers, agents or employees, performing or supplying services in connection with the performance of the contract;
(ii) Any failure of the contractor, its officers, agents or employees to adhere to the laws, rules, regulations or terms agreed to in the contract;
(iii) Any constitutional, federal, state or civil rights claim brought against the governmental entity related to the facility operated and managed by the contractor;
(iv) Any claims, losses, demands or causes of action arising out of the activities in this state of the contractor, its officers, agents or employees;
(v) Any attorney’s fees or court costs arising from any habeas corpus actions or other prisoner suits that may arise from any event that occurred at the facility or was a result of such an event, or arise over the conditions, management or operation of the facility, which fees and costs shall include, but not be limited to, attorney’s fees for the governmental entity’s representation and for any court-appointed representation of any prisoner.
(o) A clear statement that provisions set forth within this chapter do not affect any immunity or defense that the state and its officers and employees or a contracting authority and its officers and employees may be entitled to under another section of the Idaho Code, including, but not limited to chapter 9, title 6, Idaho Code;
(p) A clear statement that no immunity from liability granted to the state, and no immunity from liability granted to political subdivisions pursuant to chapter 9, title 6, Idaho Code, shall extend to the private prison contractor or any of the private prison contractor’s employees;
(q) A requirement that the private prison contractor and its personnel comply with the provisions of this chapter, all laws of the state of Idaho, and all ordinances, policies and procedures of the contracting authority;
(r) A requirement that any ambiguities in the contract shall be construed against the private prison contractor and in favor of the contracting authority.
(3) Contracts awarded under the provisions of this section shall, at a minimum, comply with the following:
(a) Provide for internal and perimeter security to protect the public, employees and prisoners;
(b) Provide that the private prison contractor shall not benefit financially from the labor of prisoners nor shall any prisoner ever be placed in a position of authority over another prisoner. Any profits realized from the operation of a prison enterprise program shall revert to the contracting authority;
(c) Provide that the private prison contractor shall impose discipline on prisoners only in accordance with applicable rules, policies and procedures satisfying constitutional minimums, state and federal laws and applicable court orders;
(d) Require that the private prison contractor provide proper food, clothing, housing and medical care as provided for in the contract. The governmental entity contracting with the private prison contractor shall not be responsible for any costs associated with the medical care of prisoners in the custody of the private prison contractor.
(4) The contracting authority or its designee, as provided in the contract, shall monitor the performance of the private prison contractor. Included in the powers and responsibilities of the contracting authority or its designee, when acting as the contract monitor of the private prison contract are:
(a) A determination if the requirements of the contract are being satisfactorily performed;
(b) A determination whether the private prison contractor and its personnel are complying with the provisions of this chapter, all laws of the state of Idaho and any ordinances or written policies and procedures of the county or city governing the private prison facility;
(c) A determination if applicable ordinances, written policies and procedures of the contracting authority are being followed by the private prison contractor and its personnel;
(d) A determination whether the facility is being operated in a manner which adequately safeguards and protects the safety of the public;
(e) Approval of all prisoner releases on furlough or work release;
(f) The enactment of ordinances or the adoption of written policies or procedures interpreting or making specific application of the provisions of this chapter.
[20-805, added 1998, ch. 360, sec. 1, p. 1125; am. 2000, ch. 272, sec. 10, p. 792; am. 2001, ch. 335, sec. 4, p. 1181.]
A private prison contractor that has contracted for the location or operation of a private prison facility within a county or a city of this state shall comply with the following requirements:
(1) An individual, corporation, partnership, association, or other private organization or entity may not operate a private prison facility in this state unless licensed by the department of correction. The board of correction shall have the power and it shall be its duty to promulgate rules necessary to implement and enforce standards for the licensing and operation of private prison facilities as set forth pursuant to this chapter. Applications for licenses shall be made on forms provided by the department of correction and accompanied by the required license fee. Licenses for the operation of private prisons shall be nontransferable. A license may be revoked if the facility fails to meet the standards and provisions of this chapter. All final decisions by the board shall be subject to review pursuant to the provisions and procedures of the administrative procedure act, chapter 52, title 67, Idaho Code;
(2) The facility shall meet correctional standards satisfying constitutional minimums, state and federal laws and applicable court orders;
(3) If the private prison facility is located on land owned by the county or the city or other publicly owned land which is not subject to real property taxes, the county or the city, if the facility is located within the limits of the city, may require the private prison contractor to pay fees to the county or the city in lieu of property taxes, as compensation for the costs to the county or the city of regulating, monitoring and providing services to the facility;
(4) The facility must provide internal and perimeter security to protect the public, employees and prisoners;
(5) The private prison contractor shall impose discipline on prisoners only as permitted by correctional standards satisfying constitutional minimums, state and federal laws, and applicable court orders;
(6) The private prison contractor shall provide prisoners with proper food, clothing, housing and medical care in accordance with constitutional minimums, state and federal laws, and applicable court orders. The private prison contractor shall require that anyone providing professional services to prisoners shall be licensed as provided by the state of Idaho if the professional would be required to be licensed in the state of Idaho to provide services to the general public;
(7) The private prison contractor shall allow access to the facility at all times and cooperate with all state and local authorities and their designees in the performance of their duties pursuant to section 20-805(4), Idaho Code, and section 20-808, Idaho Code.
[20-806, added 1998, ch. 360, sec. 1, p. 1127; am. 2001, ch. 335, sec. 5, p. 1186.]
(1) A board of county commissioners may authorize a private prison contractor operating a private prison facility within the county and the governing body of a city may authorize a private prison contractor operating a private prison facility within the city to house specific minimum to medium security prisoners convicted of offenses committed against the laws of a governmental entity other than the state of Idaho or its political subdivisions pursuant to contract with the private prison contractor and subject to the review and approval of the prisoners by the department of correction. Provided however, that in no event shall a board of county commissioners or the governing body of a city authorize, nor shall the department of correction approve, housing of any maximum or close custody prisoners, inmates imprisoned for sexual offenses or prisoners with a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined, or a history or record of escape or attempted escape from secure custody.
(2) Out-of-state prisoners may be housed in a private prison facility only if the following requirements are met:
(a) The custody level capacity and availability in the private prison facility is adequate to house the prisoners;
(b) The private prison contractor and the board of county commissioners or the governing body of the city, in cooperation with state and local law enforcement agencies, and other appropriate governmental entities and agencies, have developed a written plan explaining the procedure to be used to coordinate law enforcement and other necessary activities in response to any riot, rebellion, escape or other emergency situation occurring in or on the grounds of, or otherwise in connection with, the facility;
(c) The private prison facility meets standards for the care, custody, treatment and control of prisoners which comply with constitutional minimums, state and federal laws and applicable court orders and any additional standards required by the county or the city;
(d) Each prisoner to be paroled or released from custody must be transported and released by the private prison contractor or its agent in the sending governmental entity’s jurisdiction;
(e) Before transferring the prisoner to Idaho, the private prison contractor shall obtain prior approval of the department of correction pursuant to the provisions of this chapter. Prior to housing any proposed prisoner in the private prison facility, all records in the possession of, or available to, the sending entity including, but not limited to, classification, medical information, conduct and confinement history of the prisoner shall be provided to the department of correction for review and the department shall have the authority to approve or reject housing of the prisoner based on standards as set forth pursuant to this chapter. Provided however, that in lieu of providing medical information of a prisoner, a sending entity may elect to certify, by a physician licensed in this state and employed by, or under contract with, the private prison facility, that the prisoner under consideration for placement in the facility has been tested, and has not tested positive, for the presence of HIV antibodies or antigens, hepatitis B virus, hepatitis C virus and tuberculosis;
(f) The sending governmental entity will not transfer and the private prison contractor will not accept a prisoner who has a history or record of institutional violence involving the use of a deadly weapon, a history or record of committing any act of an assaultive nature that would qualify as a felony under the laws of the state of Idaho against any prisoner, employee or visitor while confined or a history or record of escape or attempted escape from secure custody;
(g) The private prison contractor will determine the prisoner’s custody level in order to ensure that the custody level assignments for the facility as a whole are compatible with the construction security level availability in the facility. If it is determined by the county or the city or the private prison contractor that the prisoner poses a substantial risk to the community, prison population or staff or should be classified as maximum security or close custody, the prisoner will be returned to the sending governmental entity.
(3) Neither this section nor any other provision of this chapter shall be construed to authorize the release of an out-of-state prisoner confined in a private prison facility on work release, furlough or other release from the facility except as provided in any contract authorized in this chapter or as provided by county or city ordinance.
(4) The provisions of this section shall not be construed as a limitation upon the authority of the state of Idaho, a county or a city of this state to incarcerate, detain or place a person convicted of an offense committed against the laws of the United States, a territory of the United States, another state or a political subdivision thereof in a correctional facility, county jail or other governmental detention facility in this state pursuant to the laws of the United States, the state of Idaho or other applicable law.
[20-807, added 1998, ch. 360, sec. 1, p. 1128; am. 2000, ch. 272, sec. 11, p. 794; am. 2001, ch. 335, sec. 6, p. 1187.]
In addition to and without limiting the authority provided in this chapter or by contract entered into pursuant to section 20-805, Idaho Code, or as provided by other applicable law, the board of county commissioners, the county sheriff, the prosecuting attorney or the authorized agents and employees of a county in which a private prison facility is located and the governing board of a city, the city attorney, law enforcement personnel of the city and other authorized agents and employees of the city in which a private prison facility is located, shall be authorized to monitor the facility and to enter the facility and the grounds thereof for the following purposes:
(1) To determine if the private prison contractor, its personnel and the private prison facility are in compliance with the provisions of this chapter, all laws of the state of Idaho and any ordinances or written policies and procedures of the county or city governing the private prison facility;
(2) To investigate any criminal conduct which has occurred, is occurring or is alleged to have occurred in or on the grounds of, or otherwise in connection with, the facility;
(3) To determine whether the facility is being operated in a manner which adequately safeguards and protects the safety of the public;
(4) To review prisoner security or custody classifications to determine whether any classifications need to be revised.
[20-808, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec. 7, p. 1189.]
(1) The private prison contractor, its officers, guards, employees, and agents shall immediately notify the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, along with any other law enforcement or other governmental entities, agencies or personnel which the county or the city may require to be informed, of any riot, rebellion, escape, crime or other emergency situation occurring inside or outside the facility.
(2) In the event of an escape by a prisoner from a private prison facility to which this chapter applies, the private prison contractor must contact the county sheriff and, if the facility is located within the limits of a city, the city law enforcement agency, and any other governmental entities or agencies which the county or city may require to be informed, upon receiving knowledge of the escape, but may attempt to apprehend the prisoner while the search or pursuit is on the private prison contractor’s private property. In the event that the escaping prisoner flees from the private prison contractor’s private property, the sheriff of the county, in cooperation with city law enforcement as appropriate, shall organize and have jurisdiction over the pursuit and apprehension of the prisoner.
(3) A private prison contractor shall reimburse Idaho governmental entities for costs incurred by the entities in responding to any riot, rebellion, escape, crime or other emergency situation occurring in or on the grounds of, or otherwise in connection with, the facility. The private prison contractor shall also reimburse Idaho governmental entities for costs incurred by the entities with respect to the investigation, prosecution, detention or appellate litigation, without regard to whether conviction is obtained, of a prisoner charged with a crime resulting from a riot, rebellion, escape or other criminal conduct.
(4) If a prisoner commits a criminal offense while confined in a private prison facility in this state and is convicted of or pleads guilty to that offense and is sentenced to a term of confinement for that offense but is not sentenced to death for that offense, the prisoner shall be returned to the out-of-state jurisdiction or the out-of-state jurisdiction’s private contractor for confinement. The prisoner shall not begin serving the term of confinement imposed for the offense committed while confined in this state until such time as the prisoner is released from the custody of the out-of-state jurisdiction. The private prison contractor or its agent will transport the prisoner, or cause the prisoner to be transported, to the out-of-state jurisdiction. If the prisoner is confined in this state in a facility operated by, or pursuant to a state contract with, the department of correction for any period of time prior to transfer back to the out-of-state jurisdiction, the private contractor will be financially responsible for reimbursing the department at the per diem cost of confinement for the duration of that incarceration. Notwithstanding the provisions of this subsection, any sentence imposed against a prisoner by a court in the state of Idaho may be imposed to run concurrently with any sentence already being served by the prisoner.
[20-809, added 1998, ch. 360, sec. 1, p. 1129; am. 2001, ch. 335, sec. 8, p. 1189.]
(1) The county prosecuting attorney shall have authority to enforce the provisions of this chapter, and any county ordinances enacted, or written policies or procedures adopted by the county with respect to the operation of a private prison facility in the county, or any contract entered into between a board of county commissioners and a private prison contractor by civil action and may seek all available civil remedies including injunction. If the prosecuting attorney prevails in the action, the private prison contractor shall be liable to the county for attorney’s fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located.
(2) The city attorney shall have authority to enforce the provisions of this chapter, and any city ordinances enacted or written policies or procedures adopted by the governing body of the city with respect to the operation of a private prison facility within the city, or any contract entered into between the governing body of a city and a private prison contractor by civil action and he may seek all available civil remedies including injunction. If the city attorney prevails in the action, the private prison contractor shall be liable for attorney’s fees and costs of suit. The action shall be brought in the district court of the county in which the private prison facility is located or is proposed to be located.
(3) In addition to any other remedies, a private prison contractor constructing, renovating or operating a private prison facility in this state in violation of the provisions of this chapter, or any ordinances enacted or written policies or procedures adopted by a county or city governing the construction, renovation or operation of a private prison facility, or a contract entered into pursuant to this chapter shall be subject to a civil penalty in an amount not to exceed five thousand dollars ($5,000) for each separate violation or for each day of a continuing violation.
[20-812, added 1998, ch. 360, sec. 1, p. 1130; am. 2001, ch. 335, sec. 9, p. 1190.]
In this chapter:
(1) "Correctional institution" means any entity under the authority of any state, county or municipal law enforcement division that has the power to detain and/or restrain a person under the laws of this state.
(2) "Corrections official" means the official designated as responsible for oversight of a correctional institution, or his or her designee.
(3) "Extraordinary circumstance" means a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees, or the public.
(4) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix.
(5) "Prisoner" means any person incarcerated or detained in any facility, including persons held under the immigration laws of the United States.
(6) "Restraints" means any physical restraint or mechanical device used to control the movement of a prisoner or detainee’s body and/or limbs.
[20-901, added 2011, ch. 223, sec. 1, p. 610.]
(1) A correctional institution shall not use restraints of any kind on a prisoner known to be pregnant during labor and delivery, except as provided in subsection (2) of this section.
(2) In an extraordinary circumstance, where a corrections official makes an individualized determination that restraints are necessary to prevent a prisoner from escaping or from injuring herself or medical or correctional personnel, such a prisoner or detainee may be restrained, provided that:
(a) If the doctor, nurse or other health professional treating the prisoner requests that restraints not be used, the corrections officer accompanying the prisoner shall immediately remove all restraints; and
(b) Under no circumstances shall leg or waist restraints be used on any prisoner during labor or delivery.
(3) If restraints are used on a prisoner pursuant to subsection (2) of this section:
(a) Both the type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary; and
(b) The corrections official shall make written findings within ten (10) days as to the extraordinary circumstance that dictated the use of the restraints. As part of this documentation, the corrections official must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances. These findings shall be kept on file by the institution for at least five (5) years and be made available for public inspection, except that no information identifying any individual prisoner or detainee shall be made public under the provisions of this section without the prisoner or detainee’s prior written consent.
[20-902, added 2011, ch. 223, sec. 1, p. 610.]
(1) Correctional institutions shall inform prisoners of the provisions of this chapter upon admission to the correctional institution.
(2) Within sixty (60) days of the effective date of this chapter, correctional institutions shall inform prisoners within the custody of the correctional institution by posting this chapter in a location accessible to all prisoners.
[20-903, added 2011, ch. 223, sec. 1, p. 611.]
As used in this chapter, unless the context clearly indicates or requires otherwise, the following terms shall be defined as follows:
(1) "Board" means the state board of correction.
(2) "Commission" means the Idaho commission of pardons and parole, which, in addition to any other duties and powers granted to it by law, shall be the board of pardons as described in section 7, article IV of the constitution of the state of Idaho, with all rights, powers, and authority that are granted to it by the constitution of the state of Idaho.
(3) "Commissioner" means a member of the commission.
(4) "Executive director" means the executive director of the commission.
[20-1001, added 2021, ch. 196, sec. 2, p. 525; am. 2024, ch. 164, sec. 4, p. 624.]
(1) There is hereby created the Idaho commission of pardons and parole. The governor shall appoint seven (7) commissioners, subject to the advice and consent of the senate.
(2) Commissioners shall serve at the pleasure of the governor and not more than four (4) commissioners shall be from any one (1) political party.
(3) Terms on the commission shall be for three (3) years, and vacancies in the commission for unexpired terms shall be filled by appointment by the governor for the remainder of the term. Commissioners may be reappointed for subsequent terms.
(4) The commission and the board may meet as necessary to exchange such information to enable each to effectively carry out their respective duties.
(5) The commission shall meet at such times and places as determined to be necessary and convenient, or at the call of the executive director, and in any event no less than quarterly.
(6) Two (2) commissioners may meet to make decisions on the disposition of parole violations. Such decisions must be unanimous, and in the event they are not unanimous, then the parole violation disposition decision will be made by a majority of the full commission either at the next quarterly meeting or special meeting.
(7) Three (3) commissioners may meet to make decisions to grant or deny parole. Such decisions must be unanimous, and in the event they are not unanimous, then the decision to grant or deny parole will be made by a majority of the full commission at the next quarterly meeting.
(8) Commissioners shall be compensated as provided by section 59-509(i), Idaho Code, when attending quarterly meetings conducted at a date and time separate from a hearing session or other meetings approved by the executive director. Commissioners shall receive compensation of three hundred dollars ($300) per commissioner per day when conducting parole, commutation, pardon, revocation or other hearings and shall be reimbursed for actual and necessary expenses subject to the limitations provided in section 67-2008, Idaho Code.
(9) The governor shall appoint the executive director for the commission. The executive director shall be the full-time employee who shall report to, serve at the pleasure of, and be compensated as determined by the governor. The executive director shall be the official representative for the commission, shall be responsible for the managing and administration of daily commission business, shall assist the commission in carrying out all of its duties and powers as prescribed by law, and shall schedule business meetings and hearing sessions at times convenient to the commissioners. For each scheduled session, the executive director shall designate one (1) of the commissioners as the presiding officer for conducting the hearings. The executive director may hire such staff and employees as are approved by the governor. The executive director shall also have such other duties and responsibilities as the governor shall assign.
[(20-1002) 20-210, added 1947, ch. 53, sec. 10, p. 59; am. 1969, ch. 97, sec. 5, p. 329; am. 1974, ch. 6, sec. 2, p. 28; am. 1980, ch. 247, sec. 6, p. 586; am. 1991, ch. 166, sec. 1, p. 406; am. 1994, ch. 171, sec. 1, p. 383; am. 1998, ch. 355, sec. 1, p. 1113; am. 1999, ch. 311, sec. 1, p. 772; am. 2007, ch. 102, sec. 1, p. 306; am. 2017, ch. 182, sec. 1, p. 415; am. and redesig. 2021, ch. 196, sec. 3, p. 526; am. 2024, ch. 164, sec. 5, p. 624.]
(1) All meetings and hearings of the commission shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code, except:
(a) An initial review of an application for a request for parole, pardon, commutation or firearm restoration may be held in executive session. The executive session shall be limited to a decision as to whether a hearing should be granted;
(b) When a hearing is granted, it will be conducted in open session. Pursuant to section 74-206, Idaho Code, deliberations and voting concerning the granting, revoking, reinstating or refusing of paroles; the granting or denying of pardons or commutations; or the granting or denying of firearm restorations shall be made in executive session;
(c) Votes of individual commissioners in arriving at the parole, pardon, firearm restoration or commutation decisions shall not be made public, provided that the commission shall maintain a record of the votes of the individual commissioners as required in subsection (3) of this section; and
(d) Meetings of less than a majority of the commission to make decisions concerning the grant or denial of parole or the disposition of parole violations as provided in section 20-1002, Idaho Code.
(2) In order to satisfy the requirements of section 74-203(5), Idaho Code, when the commission meets using telecommunications devices, the executive director may designate an employee of the commission to be present at the physical location of the meeting.
(3) A written record of the vote to grant or deny parole, pardon, firearm restoration or commutation by each commissioner in each case reviewed by that commissioner shall be made by the commission. The record produced by the commission pursuant to this section shall be kept confidential and privileged from disclosure, provided the record shall be made available, upon request, to the governor or the governor’s representative, the chairman and most senior minority member of the senate judiciary and rules committee, and the chairman and most senior minority member of the house of representatives judiciary, rules and administration committee for all lawful purposes. All committee members and representatives of the governor’s office shall keep such record confidential. Distribution of the report by a commissioner or an employee of the executive director to any person not specifically listed in this section shall be a misdemeanor.
(4) Nothing contained in this section shall prevent any person from obtaining the results of any parole, pardon, firearm restoration or commutation action by the commission without reference to the manner in which any individual commissioner voted, and the commission shall make such information public information.
(5) Nothing contained in this section shall prevent the executive director or designated staff of the executive director from attending any meeting, including an executive session of the commission.
(6) Nothing contained in this section shall prevent the governor, the governor’s representative, the chairman and most senior minority member of the senate judiciary and rules committee, and the chairman and most senior minority member of the house of representatives judiciary, rules and administration committee from attending any meeting, including an executive session of the commission.
[(20-1003) 20-213A, added 1986, ch. 59, sec. 1, p. 168; am. 1988, ch. 29, sec. 1, p. 37; am. 1990, ch. 213, sec. 14, p. 499; am. 1992, ch. 278, sec. 1, p. 855; am. 1994, ch. 171, sec. 2, p. 384; am. 2000, ch. 362, sec. 1, p. 1199; am. 2017, ch. 58, sec. 9, p. 105; am. 2017, ch. 182, sec. 2, p. 416; am. 2017, ch. 217, sec. 1, p. 532; am. and redesig. 2021, ch. 196, sec. 4, p. 527; am. 2024, ch. 164, sec. 6, p. 625.]
The commission shall:
(1) Have the powers relating to commutation, pardon and remission of fines and forfeitures as set forth in section 7, article IV of the Idaho constitution;
(2) Subject to and consistent with the provisions of this chapter and section 19-2513, Idaho Code, decide whether any prisoner who is eligible for parole may be released on parole;
(3) Subject to and consistent with the provisions of section 7, article IV of the constitution of the state of Idaho; chapter 2, title 20, Idaho Code; and section 19-2513, Idaho Code; and in compliance with chapter 52, title 67, Idaho Code, have the authority to promulgate rules to establish the procedures to carry out the provisions of this chapter, including procedures under which any eligible prisoner may be released on parole;
(4) Specify in writing the conditions of parole for every prisoner released on parole and provide every prisoner released on parole with a copy of the conditions of parole;
(5) Subject to and consistent with the provisions of this chapter, issue orders of final discharge from parole for eligible parolees; and
(6) Carry out all other duties and powers relating to the commission as set forth in Idaho Code.
[(20-1004) 20-210A, added 2014, ch. 150, sec. 7, p. 420; am. and redesig. 2021, ch. 196, sec. 5, p. 528; am. 2024, ch. 164, sec. 7, p. 626.]
(1) It is the intent of the legislature to focus prison space on those who commit the most serious offenses or who have the highest likelihood of offending in the future, and the commission, consistent with the provisions of this subsection, shall promulgate rules that establish clear guidelines and procedures that retain the commission’s discretion in individual cases.
(2) Subject to the provisions of section 20-1004, Idaho Code, the commission shall have the power to establish rules under which any prisoner, excepting any under sentence of death, may be allowed to go upon parole but to remain while on parole in the legal custody and under the control of the board and subject to be taken back into confinement at the direction of the commission.
(3) Any prisoner who is granted parole under the interstate compact may be required to post a bond prior to release or prior to such acceptance under the interstate compact; such bond may be posted by the prisoner, the prisoner’s family, or other interested party. Failure to successfully complete parole may be grounds for forfeiture of the bond. Upon successful completion of parole, the amount of the bond may be returned, less an amount for administrative costs as determined by commission rule, in compliance with chapter 52, title 67, Idaho Code. A request shall be made for return of the bond within one (1) year of discharge of the offense for which the particular offender was serving parole. Funds collected through the bonding process will be placed in a separate commission receipts fund that is hereby created in the state treasury and utilized for the extradition of parole violators.
(4) No person serving a sentence for rape, incest, committing a lewd act upon a child, or with an intent or an assault with intent to commit any such crimes, or serving a sentence for sexual abuse of an animal or sexual abuse of human remains, or whose history and conduct indicate to the commission that the person is a sexually dangerous person, shall be released on parole except upon the examination and evaluation of one (1) or more psychiatrists or psychologists or mental health professionals designated for this purpose by the department to be selected by the commission, and such evaluation shall be duly considered by the commission in making its parole determination. The commission may, in its discretion, likewise require a similar examination and evaluation for persons serving sentences for crimes other than those described in this subsection. No person making such evaluation shall be held financially responsible to any person for denial of parole by the commission or for the results of the future acts of such person if granted parole.
(5) Before considering the parole of any prisoner, the commission shall ensure that a risk assessment has been conducted pursuant to section 20-224, Idaho Code, and shall afford the prisoner the opportunity to be interviewed by the commission, a commissioner, or other commission staff designated by the executive director. A designated report and risk assessment, prepared by commission staff or a designated department of correction employee, that is specifically to be used by the commission in making a parole determination shall be exempt from public disclosure; such reports contain information from the presentence investigation report, medical or psychological information, the results of a risk assessment, victim information, designated confidential witness information, and criminal history information. A parole shall be ordered when, in the discretion of the commission, it is in the best interests of society and the commission believes the prisoner is able and willing to fulfill the obligations of a law-abiding citizen. Such determination shall not be a reward of clemency, and it shall not be considered to be a reduction of sentence or a pardon. The commission may also by its rules fix the times and conditions under which any application denied may be reconsidered. No action may be maintained against the commission or any individual commissioner in any court in connection with any decision taken by the commission to parole a prisoner, and neither the commission nor any individual commissioner shall be liable in any way for its action with respect thereto.
(6) In making any parole or commutation decision with respect to a prisoner, the commission shall consider the current risk assessment, criminal history, program participation, compliance and completion, institutional misconduct, and other individual characteristics related to the likelihood of offending in the future, as well as the compliance of the prisoner with any order of restitution that may have been entered according to section 19-5304, Idaho Code. The commission may make compliance with such an order of restitution a condition of parole.
(7) Except as provided in section 20-1004(3), Idaho Code, no provision of chapter 52, title 67, Idaho Code, shall apply to the commission.
(8) By February 1 of each year, the department and the commission shall submit a report to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee that describes the most common reasons for delay or denial of release, including statistical data supporting the conclusions of the report.
[20-1005, added 2021, ch. 196, sec. 7, p. 530; am. 2022, ch. 124, sec. 25, p. 460; am. 2024, ch. 164, sec. 8, p. 627.]
(1) Subject to the limitations of this section and section 20-1005, Idaho Code, and notwithstanding any fixed term of confinement or minimum period of confinement as provided in section 19-2513, Idaho Code, the commission may parole an inmate for medical reasons. A prisoner may be considered for medical parole only when the prisoner is permanently incapacitated or terminally ill and when the commission reasonably believes the prisoner no longer poses a threat to the safety of society.
(2) The commission shall annually prepare and send to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee a report containing the name and current legal status of all persons granted parole pursuant to this section.
(3) As used in this section:
(a) "Permanently incapacitated" means a person who, by reason of an existing physical condition that is not terminal, is permanently and irreversibly physically incapacitated; and
(b) "Terminally ill" means person who has an incurable condition caused by illness or disease and who is irreversibly, terminally ill.
[20-1006, added 2021, ch. 196, sec. 8, p. 531.]
(1) The commission, in releasing a person on parole, shall specify in writing the conditions of parole, and a copy of such conditions shall be given to the person paroled. The commission shall include in the conditions of parole a requirement that the defendant enter into and comply with an agreement of supervision with the board of correction. The agreement of supervision shall include provisions setting forth the potential sanctions for a violation of the conditions imposed and potential rewards for compliance with the conditions imposed, as such sanctions and rewards are set forth in rules of the board.
(2) Any person released to parole shall be given notice that he waives his constitutional rights under the fourth amendment to the constitution of the United States and section 17, article I of the constitution of the state of Idaho and consents to warrantless search and seizure of his person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his control or possession, at any time, day or night, with or without cause, by a probation and parole officer, county probation officer, or peace officer as defined in section 19-5101(d), Idaho Code.
(3) Any person released to parole shall agree to the conditions of parole as provided in this section and any other terms the commission deems necessary and shall acknowledge acceptance in writing. If the parolee fails to agree and accept said terms, he shall be ineligible to be released on parole.
(4) Probation and parole officers, county probation officers, and peace officers shall not conduct searches or seizures for the sole purpose of harassment.
(5) Whenever the commission finds that a parolee may have violated the conditions of parole, the written order of the commission, signed by a majority of the full commission, by a unanimous panel of three (3) commissioners, or by the executive director, shall be sufficient warrant for any law enforcement officer to take into custody such person, and it is hereby made the duty of all sheriffs, police, constables, parole and probation officers, prison officials and other peace officers to execute such order. Such warrant shall serve to suspend the person’s parole until a determination on the merits of the allegations of the violation has been made pursuant to a revocation hearing. From and after the issuance of the warrant and suspension of the parole of any convicted person and until arrest, the parolee shall be considered a fugitive from justice. Such person so recommitted, except as provided in section 20-1010, Idaho Code, must serve out the sentence, and the time during which such prisoner was out on parole shall not be deemed a part thereof, unless the commission, in its discretion, shall determine otherwise, but nothing herein contained shall prevent the commission from again paroling such prisoners at its discretion.
[(20-1007) 20-228, added 1947, ch. 53, sec. 28, p. 59; am. 1970, ch. 105, sec. 1, p. 263; am. 1980, ch. 297, sec. 10, p. 772; am. 1994, ch. 171, sec. 3, p. 384; am. 1998, ch. 327, sec. 2, p. 1057; am. 2014, ch. 150, sec. 15, p. 428; am. and redesig. 2021, ch. 196, sec. 9, p. 532; am. 2024, ch. 164, sec. 9, p. 628; am. 2025, ch. 140, sec. 2, p. 711.]
(1) Whenever a paroled prisoner is accused of a violation of parole, other than by absconding supervision or the commission of, and conviction for, a felony or misdemeanor offense under the laws of this state, or any other state, or any federal laws, the parolee shall be entitled to a fair and impartial hearing of such charges within thirty (30) days from the date the accused is served with the charges of the violation of conditions of parole subsequent to arrest and detention. The hearing shall be held before one (1) or more commissioners or before an impartial hearings officer selected by the executive director. Such hearing shall be held at a place or places, within this state, reasonably near the site of the alleged violation or violations of parole. If the parolee has been supervised outside of the state of Idaho and such violations occurred outside of Idaho, the executive director or hearing officer shall determine the location of the hearing.
(2) Whenever a paroled prisoner is accused of a violation of parole by absconding supervision or the commission of, and conviction for, a felony or misdemeanor offense under the laws of this state, or any other state, or any federal laws, the parolee shall be entitled to a fair and impartial hearing within a reasonable time from the date the accused is served with such charges. The location of such hearing shall be determined by the executive director or hearing officer.
[(20-1008) 20-229, added 1970, ch. 105, sec. 3, p. 263; am. 1975, ch. 247, sec. 1, p. 661; am. 1980, ch. 297, sec. 11, p. 773; am. 1994, ch. 171, sec. 4, p. 385; am. and redesig. 2021, ch. 196, sec. 10, p. 532; am. 2024, ch. 164, sec. 10, p. 629.]
(1) Within fifteen (15) calendar days following arrest and detention on a warrant issued by the commission, the alleged parole violator shall be personally served with a copy of the factual allegations of the violation of the conditions of parole by a state probation and parole officer, a law enforcement official or other as designated by the executive director. When accused of a violation of his parole, other than by absconding supervision or the commission of and conviction for a felony or misdemeanor, the alleged parole violator shall be advised of the right to an on-site parole revocation hearing and of procedural rights and privileges as provided by this act. The alleged parole violator, after service of the allegation of violations of the conditions of parole and the notification of rights, may waive the on-site parole revocation hearing as provided by section 20-1008, Idaho Code. If the alleged parole violator waives the right to an on-site hearing, the commission, executive director or hearing officer shall designate the facility where the hearing will be conducted.
(2) Whenever a paroled prisoner is accused of a violation of his parole by absconding supervision or the commission of and conviction for a felony or misdemeanor under the laws of this state, or any other state, or any federal laws, and following arrest and detention on a warrant issued by the commission, the alleged parole violator shall be personally served with a copy of the factual allegations of the violation of the conditions of parole within a reasonable time. The alleged parole violator shall be advised of the right to a hearing and all other rights and privileges as provided by this act. The executive director or hearing officer shall designate the facility where the hearing will be conducted. A fair and impartial hearing of the charges will be conducted within a reasonable time.
(3) The alleged parole violator may waive the right to any hearing, and at that time may admit one (1) or more of the alleged violations of the conditions of parole. If the waiver is accepted by the commission or hearing officer: (i) the parolee may be reinstated under the same or modified conditions, or (ii) the parolee shall be subject to an expedited determination by the commission consistent with the provisions of section 20-1010, Idaho Code, without a hearing. If all waivers made by the parolee are rejected by the commission or designated hearing officer, a parole revocation hearing shall be held either on-site or at a penitentiary facility.
[(20-1009) 20-229A, added 1970, ch. 105, sec. 4, p. 263; am. 1980, ch. 297, sec. 12, p. 773; am. 1983, ch. 249, sec. 1, p. 670; am. 1994, ch. 171, sec. 5, p. 385; am. 2014, ch. 150, sec. 16, p. 428; am. and redesig. 2021, ch. 196, sec. 11, p. 533.]
(1) After a factual parole revocation hearing has been concluded, the commissioner or commissioners or the designated hearing officer, having heard the matter, shall render a decision within twenty (20) days. If the alleged parole violator waives the parole hearing pursuant to the provisions of section 20-1009(3), Idaho Code, then a decision shall be entered upon acceptance of the waiver.
(2) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have not been proven by a preponderance of the evidence, or those that have been proven by a preponderance of the evidence are not sufficient cause for the revocation of parole, then the parolee shall be reinstated on parole on the same or modified conditions of parole.
(3) If the commissioner or commissioners or hearing officer, having heard the matter, should conclude that the allegations of violation of the conditions of parole have been proven by a preponderance of the evidence and constitute sufficient cause for the revocation of parole, then a dispositional hearing shall be convened during a regular session of the commission to impose any sanctions up to and including executing an order of parole revocation and determine the period of time the parole violator shall be returned to state custody.
[(20-1010) 20-229B, added 1970, ch. 105, sec. 5, p. 263; am. 1994, ch. 171, sec. 6, p. 386; am. 2014, ch. 150, sec. 17, p. 429; am. 2015, ch. 295, sec. 1, p. 1173; am. 2016, ch. 267, sec. 1, p. 719; am. 2017, ch. 182, sec. 5, p. 420; am. and redesig. 2021, ch. 196, sec. 12, p. 533.]
Neither a public entity nor a public employee or servant shall be financially responsible or liable for any injury resulting from determining whether to parole or release a prisoner or from determining the terms or conditions of his parole or release or from determining whether to revoke his parole or release.
[(20-1011) 20-231, added 1980, ch. 297, sec. 15, p. 774; am. and redesig. 2021, ch. 196, sec. 13, p. 534.]
(1) When any paroled prisoner has performed the obligations of his parole for such time as shall satisfy the commission that his final release is not incompatible with his welfare and that of society, the commission may make the final order of discharge and issue to the paroled prisoner a certificate of discharge; but no such order of discharge shall be made in any case within a period of less than one (1) year after the date of release on parole, except that when the period of the maximum sentence provided by law shall expire at an earlier date, then a final order of discharge must be made and a certificate of discharge issued to the paroled prisoner not later than the date of expiration of said maximum sentence.
(2) The board may submit a request to the commission for an order of final discharge from the remaining period of parole for any parolee under the board’s supervision at any time during the period of parole. A request for final discharge shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406, Idaho Code, setting forth the facts upon which the request is based. The commission shall notify the victim of a request for final discharge from parole. Any response to a request for final discharge shall be filed within thirty (30) days of the date of submittal of the request. The commission may, without a hearing, rule upon a request for final discharge based on a review of the case, the request, the statement and any responses to the request or may schedule a hearing on the request. The commission shall rule on the request for final discharge within ninety (90) days of the date of submittal of the request.
[(20-1012) 20-233, added 1947, ch. 53, sec. 33, p. 59; am. 1980, ch. 297, sec. 17, p. 774; am. 2014, ch. 150, sec. 18, p. 430; am. and redesig. 2021, ch. 196, sec. 14, p. 534.]
Whenever any person committed to the custody of the board shall have been granted a parole by the commission, it shall be the duty of the commission to transmit to the sheriff and the prosecuting attorney of the county within which said prisoner shall be paroled a copy of the parole agreement and information as to the place of residence of said prisoner within said county, and the sheriff shall notify local law enforcement and other pertinent agencies.
[(20-1013) 20-234, added 1947, ch. 53, sec. 34, p. 59; am. 1970, ch. 143, sec. 10, p. 425; am. 1974, ch. 6, sec. 6, p. 28; am. 1980, ch. 297, sec. 18, p. 774; am. 1984, ch. 85, sec. 1, p. 168; am. and redesig. 2021, ch. 196, sec. 15, p. 534.]
If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the state and subject to the terms of the treaty, authorize the commission to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty.
[(20-1014) 20-104, added 1986, ch. 77, sec. 1, p. 235; am. 2018, ch. 243, sec. 1, p. 567; am. and redesig. 2021, ch. 196, sec. 16, p. 535.]
(1) The governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the state, except treason or imprisonment on impeachment, but such respites or reprieves shall not extend beyond the next session of the commission; and such commission shall at such session continue or determine such respite or reprieve, or may commute or pardon the offense as herein provided.
(2) In cases of conviction of treason, the governor shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct its execution or grant a further reprieve.
[(20-1015) 20-240, added 1947, ch. 53, sec. 40, p. 59; 1969, ch. 419, sec. 8, p. 1160; am. 1988, ch. 323, sec. 1, p. 982; am. 2020, ch. 62, sec. 1, p. 145; am. and redesig. 2021, ch. 196, sec. 17, p. 535.]
(1) The commission shall have full and final authority to grant commutations and pardons after conviction and judgment in all cases of offenses against the state except treason or impeachment and as otherwise provided in this section.
(2) The commission shall have authority to grant commutations and pardons after conviction and judgment for offenses, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is death or life imprisonment only after first presenting a recommendation to the governor. If the governor approves the commission’s recommendation within thirty (30) days of presentment, the commission’s pardon or commutation shall issue. If the governor rejects the commission’s recommendation within thirty (30) days of presentment or takes no action on the recommendation before the passage of thirty (30) days from presentment, no pardon or commutation shall issue from the commission, and the commission’s recommendation shall be of no force or effect.
(3) Notwithstanding subsection (2) of this section, the commission shall have full and final authority to grant pardons and commutations for:
(a) Any offense, or conspiracies to commit any offense, in violation of chapter 27, title 37, Idaho Code, for which the maximum punishment allowed by law at the time of sentencing is life imprisonment; and
(b) Any offense, or conspiracies to commit any offense, for which the maximum punishment allowed by law at the time of sentencing is enhanced by chapter 25, title 19, Idaho Code, to life imprisonment.
(4) The commission shall conduct commutation and pardon proceedings pursuant to rules and regulations adopted in accordance with law and may attach such conditions as it deems appropriate in granting pardons or commutations.
[(20-1016) 20-240A, added 2020, ch. 62, sec. 2, p. 145; am. and redesig. 2021, ch. 196, sec. 18, p. 535; am. 2023, ch. 18, sec. 1, p. 129.]
(1) When applications for pardon or commutation are scheduled to be considered at a meeting of the commission, the executive director shall cause to be published in some newspaper of general circulation at Boise, Idaho, all notice required by the constitution of the state of Idaho immediately prior to the hearing. Such notices shall list the names of all persons making application for pardon or commutation, and a copy of such notice shall be provided to each prosecuting attorney of any county from which any such person was committed to the custody of the board.
(2) The commission may in its discretion consider but one (1) application for pardon or commutation from any one (1) person in any twelve (12) month period.
[(20-1017) 20-213, added 1947, ch. 53, sec. 13, p. 59; am. 1951, ch. 118, sec. 1, p. 273; am. 1969, ch. 419, sec. 2, p. 1160; am. 1980, ch. 297, sec. 1, p. 769; am. and redesig. 2021, ch. 196, sec. 19, p. 536.]
When, by action of the commission or the governor, a pardon, commutation, or remission of fines and forfeitures is granted as provided by law, the executive director shall:
(1) Retain an original pardon, commutation, or remission of fines and forfeitures document at the commission;
(2) File a copy of the original pardon, commutation, or remission of fines and forfeitures document in the office of the secretary of state;
(3) Provide an original pardon, commutation, or remission of fines and forfeitures document to the individual petitioner;
(4) File notice with the state courts, in a manner approved by the supreme court, that a pardon, commutation, or remission of fines and forfeitures has been granted in the case; and
(5) Provide such additional notice that a pardon, commutation, or remission of fines and forfeitures has been granted as the commission may adopt by rule.
[(20-1018) 20-240B, added 2020, ch. 60, sec. 1, p. 143; am. and redesig. 2021, ch. 196, sec. 20, p. 536.]
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