Title 20 — STATE PRISON AND COUNTY JAILS

20-201. Department of correction created. 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 …

20-201A. Board created — Appointment — Nonpartisan — Terms — Vacancies — Delegation of authority. (1) There is hereby created a nonpartisan board of three (3) members to be known as the state board of correction, referred to in this chapter as the board, appointed by the governor…

20-202. Interim appointments — Chairman. In the event of death, removal or resignation of any member of the board, the governor shall appoint some competent person to serve during the unexpired term. The governor shall designate one (1) member of the board to serve as chairman.

20-203. Removal of members — Grounds — Hearing and proceedings. The governor may not remove any member of the board except for disability, inefficiency, neglect of duty or malfeasance in office. Before such removal the governor shall give such member a written copy of the charges…

20-204. Political activity of board members or employees restricted. The members of the board of correction and its officers and employees shall not, at the time of appointment nor during their incumbency of office, serve as the representative, officer, or employee of any politic…

20-205. Qualifications of board or board members. In the selection of members of the original board, and thereafter as vacancies occur in the appointment of successor member, the governor so appointing shall, so far as same is possible, select the members on the basis of their ge…

20-206. Organization of board — Election of vice-chairman and secretary, terms. At the first meeting after they have qualified for office, the board shall proceed to organize by the election of one (1) of their members as a vice-chairman and the other as secretary. Such officers …

20-207. Office of board at penitentiary — Meetings — Quorum — Majority vote. The state board of correction shall maintain an office at the penitentiary and shall meet at such times and places as may be necessary for the conduct of its business. Meetings may be held at the call of…

20-208. Salaries and expenses of board members. Each member of the state board of correction shall be compensated as provided by section 59-509(q), Idaho Code.

20-209. Control and management of correctional facilities and prisoners — rehabilitative services — Rules. (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 correcti…

20-209A. Computation of term. When a person is sentenced to the custody of the board of correction, his term of confinement begins from the day of his sentence. The time during which the person is voluntarily absent from the penitentiary, jail, facility under the control of the b…

20-209B. Duty to control disturbances at state penitentiary. 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 th…

20-209C. Authority to designate employees as peace officers. 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…

20-209D. Forfeiture of contraband property or money found in possession of inmates. 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…

20-209E. Prison disciplinary action for frivolous or malicious court proceedings. (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…

20-209F. Warrants for certain fugitives. (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 …

20-209G. authority to investigate and issue subpoenas. (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…

20-209H. duty to establish inmate accounts — payment of restitution. 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…

20-209I. assignment of inmates to do conservation work. (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 coope…

20-211. Records, funds and property of superseded agencies — Delivery to board of corrections. 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, supplie…

20-212. Rules — Authority of board. (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…

20-214. Assistants and officers. 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 correc…

20-216. Records, reports and statistics. (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 publ…

20-217A. Appointment of director — Salary — Powers and duties. 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 adm…

20-218. Annual reports of receipts and expenditures. 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.

20-219. Probation and parole supervision and training — limited supervision — rulemaking. (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 …

20-219A. Impersonating a probation/parole officer, a presentence investigator or correctional officer — Official badge and identification card. (1) Any person who for himself or as an agent or representative of another in this state who shall unlawfully exercise or attempt to exe…

20-220. Investigation and examination to precede probation or suspension of sentence. 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…

20-221. Modification of terms or conditions of probation or suspension of sentence — termination of probation. (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…

20-222. fixed period of probation or suspension of sentence — Rearrest and revocation. (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 ex…

20-223. Parole — legislative intent — required report. (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 assis…

20-224. Information regarding prisoners to be secured. (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 offens…

20-225. Payment for cost of supervision. 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 i…

20-225A. Payment for interstate compact application. (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…

20-226. Records of prisoners. 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 immediatel…

20-227. Arrest of parolee, probationer or person under drug court or mental health court supervision without warrant — Agent’s warrant — Detention — Report to commission or court. (1) Any parole or probation officer may arrest a parolee, probationer, or person under drug court or…

20-228A. Parole subpoena to assist in apprehending parole absconders. 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…

20-230. Application to convictions prior to act . 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…

20-235. Certification and warrants for expenses. 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 e…

20-236. Members or employees of board not to be interested in contracts — Penalty for violation. 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 co…

20-237. Transmission of convicted persons to penitentiary or custody of board — Notice of conviction to director — Transported by guards — Time for notice. When any person is convicted in any court of the state and sentenced to imprisonment and committed to the custody of the sta…

20-237A. Funding per diem costs of state prisoners housed in county jails, related additional expenses and manner of payment. (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…

20-237B. Medical costs of state prisoners housed in correctional facilities. (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 outpat…

20-238. Clothing and transportation to be furnished prisoners upon parole or final discharge. 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 r…

20-239. Discharge upon service of maximum term. 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 senten…

20-239A. Release upon grant of parole. 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…

20-241. Acceptance of federal or other funds or property. The state board of correction, with the written consent of the governor, shall have the power and it shall be its duty: 1. To accept from the United States of America or any of its agencies, such funds, equipment, and supp…

20-241A. Agreements for confinement of inmates. 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 sta…

20-242. Furlough. (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 compat…

20-242A. Inmate incentive pay. 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,…