19-4201. SHORT TITLE. Sections 19-4201 through 19-4226, Idaho Code, shall be known and may be cited as the "Idaho Habeas Corpus and Institutional Litigation Procedures Act." History: [19-4201, added 1999, ch. 376, sec. 2, p. 1027.]
19-4201A. DEFINITIONS. As used in this chapter: (1) "Correctional facility" means a facility for the confinement of prisoners. Unless otherwise specifically provided, the term shall include a state, local or private correctional facility. (2) "In-state prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated […]
19-4202. JURISDICTION TO CONSIDER PETITIONS FOR WRIT OF HABEAS CORPUS. The following courts of this state shall have original jurisdiction to consider a petition for writ of habeas corpus, grant the writ and/or order relief under this chapter: (1) The supreme court; or (2) The district court of the county in which the person is […]
19-4203. WHO MAY PETITION FOR A WRIT OF HABEAS CORPUS. (1) Any person, not a prisoner as defined in section 19-4201A, Idaho Code, who believes he is unlawfully restrained of his liberty in this state may file a petition for writ of habeas corpus to request that the court inquire into the cause and/or legality […]
19-4204. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER. (1) Application for a writ of habeas corpus by a person not a prisoner shall be made by filing a petition for writ of habeas corpus in the district court of the county in which the person is restrained. (2) The petition […]
19-4205. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER. (1) Application for a writ of habeas corpus by a prisoner shall be made by filing a petition for a writ of habeas corpus in the district court of the county in which the prisoner claims his confinement or aspects of his confinement violate provisions […]
19-4206. PRISONERS REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDITIONS OF CONFINEMENT CASES. (1) Unless a petitioner who is a prisoner establishes to the satisfaction of the court that he is in imminent danger of serious physical injury, no petition for writ of habeas corpus or any other civil action shall be brought by any person […]
19-4207. APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER. A petition for writ of habeas corpus may only be filed by a person described in section 19-4203, Idaho Code, or his attorney, except that a petition may be filed on behalf of an aggrieved person who is a minor, or on behalf of […]
19-4208. GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS. A habeas corpus proceeding is a civil action and is governed by the provisions of this chapter and the Idaho court rules to the extent that such rules are not inconsistent with this act. History: [19-4208, added 1999, ch. 376, sec. 2, p. 1029.]
19-4209. PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS. (1) The court may dismiss with prejudice a petition for writ of habeas corpus under this section, in whole or in part, prior to service of the petition on the respondent, if the court finds: (a) The petition is frivolous as defined in section 12-122, Idaho Code; (b) […]
19-4210. DISCOVERY IN HABEAS CORPUS PROCEEDINGS. (1) Discovery shall not ordinarily be permitted in habeas corpus cases. (2) No discovery shall be permitted if the issues raised by the petition, the response or reply are wholly legal in nature. (3) If factual issues are raised by the pleadings, the court may, upon motion, grant leave […]
19-4211. ISSUANCE OF WRIT OF HABEAS CORPUS. (1) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus pursuant to a petition filed by, or, pursuant to section 19-4207, Idaho Code, on behalf of a person not a prisoner if it finds that the restraint of the person’s liberty is […]
19-4212. INJUNCTIVE RELIEF AVAILABLE TO A PERSON NOT A PRISONER. If a court finds that a person not a prisoner is being illegally restrained, the court may fashion appropriate injunctive relief to cure the illegality, including release. History: [19-4212, added 1999, ch. 376, sec. 2, p. 1031.]
19-4213. RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE OF REVOCATION OF PAROLE. (1) If a court finds that an in-state prisoner’s constitutional rights have been violated during the course of revocation of his parole, the court may, upon specific findings of fact and conclusions of law, enter an order directing that the parole revocation […]
19-4214. RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE. (1) If, upon findings of fact and conclusions of law, a court finds that an in-state prisoner’s sentence has been miscalculated, the court may order the sentence to be recalculated consistent with the court’s findings and conclusions. (2) The court may order the prisoner released under this section […]
19-4215. RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS. (1) If the court finds that an in-state prisoner has lost good time credits without constitutionally sufficient due process, the court may order a rehearing by the correctional facility authority. (2) Any court order requiring rehearing shall specify: (a) How due process was constitutionally insufficient and […]
19-4216. RELIEF AVAILABLE FOR DETAINERS. (1) An in-state prisoner may petition for writ of habeas corpus to challenge the legality of a detainer which has been lodged against him by another state under the interstate agreement on detainers, chapter 50, title 19, Idaho Code. (2) The court may set a hearing on a petition for […]
19-4217. INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTIONALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES. (1) If the court finds that a prisoner’s or other institutionalized person’s constitutional rights have been violated involving conditions of confinement, the court may order injunctive relief consistent with and subject to the limitations set forth in this chapter. (2) […]
19-4218. TERMINATION OF INJUNCTIVE RELIEF ORDER OR DECREE IN CONDITIONS OF CONFINEMENT CASES. In any civil action with respect to conditions of confinement in which prospective relief is ordered or obtained pursuant to consent decree, the relief order or decree shall be terminated upon the motion of any party or intervenor: (1) Two (2) years […]
19-4219. IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE RELIEF IN CONDITIONS OF CONFINEMENT CASES. (1) In any civil action with respect to conditions of confinement, the administrator of the institution, or of the state, local or private correctional facility, or intervenor shall be entitled to the immediate termination of any prospective relief if the […]
