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Home » US Law » 2022 Idaho Code » Title 19 - CRIMINAL PROCEDURE » Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT » Section 19-4213 – RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE OF REVOCATION OF PAROLE.

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 proceedings be reconvened. The order shall identify the constitutional violation which occurred and direct that the violation be cured.

(2) The Idaho commission of pardons and parole has the exclusive authority to order release of an in-state prisoner on parole pursuant to chapter 10, title 20, Idaho Code.

History:

[19-4213, added 1999, ch. 376, sec. 2, p. 1031; am. 2000, ch. 271, sec. 7, p. 783; am. 2021, ch. 196, sec. 24, p. 540.]