Title 31, COUNTIES AND COUNTY LAW

31-2201. Process and notice defined. "Process" as used in this chapter includes all writs, warrants, summons and orders of courts of justice or judicial officers. "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, bo…

31-2202. Duties of sheriff. The policy of the state of Idaho is that the primary duty of enforcing all penal provisions and statutes of the state is vested with the sheriff of each county as provided in section 31-2227, Idaho Code. The sheriff shall perform the following: (1) Pre…

31-2203. Process returnable to another county. When process or notices are returnable to another county, he may inclose such process or notice in an envelope addressed to the officer from whom the same emanated, and deposit it in the post-office, prepaying postage.

31-2204. Return is prima facie evidence. The return of the sheriff upon process or notices is prima facie evidence of the facts in such return stated.

31-2205. Penalty for failure to return. If the sheriff does not return a notice or process in his possession with the necessary indorsement thereon without delay, he is liable to the party aggrieved for the sum of $200.00 and for all damages sustained by him.

31-2206. Refusal to levy execution. If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, he…

31-2207. Refusal to pay over money. If he neglects or refuses to pay over, on demand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after deducting his legal fees) the amount thereof, with twenty-five per cent (25%) damages and i…

31-2211. Directions must be in writing. No direction or authority by a party or his attorney to a sheriff, in respect to the execution of process or return thereof, or to any act or omission relating thereto, is available to discharge or excuse the sheriff from a liability for ne…

31-2212. Office deemed vacant, when. In addition to the events specified in section 59-901, Idaho Code, when the sheriff is committed under an execution or commitment, for not paying over money received by him by virtue of his office, and remains committed for sixty (60) days, hi…

31-2213. Apparently good process must be executed. A sheriff, or other ministerial officer, is justified in the execution of, and must execute, all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which…

31-2214. Must exhibit process. The officer executing process must then, and at all times subsequent, so long as he retains it, upon request show the same, with all papers attached, to any person interested therein.

31-2215. Sheriff is court crier. The sheriff in attendance upon court may, at the direction of the court, act as the crier thereof, call the parties and witnesses, and all other persons bound to appear at the court, and make proclamation of the opening and adjournment of the cour…

31-2216. Service on sheriff. Service of a paper, other than process, upon the sheriff, may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or if no such person is there, by leaving it in a conspicuous place in…

31-2217. Coroner to execute certain process. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, must be executed by the coroner of the county.

31-2218. Elisor, when appointed. Process and orders in an action or proceeding may be executed by a person residing in the county, designated by the court, the judge thereof, or a magistrate judge, and denominated an elisor in the following cases: 1. When the sheriff and coroner …

31-2219. Compensation for services to state. When the sheriff or other officer is legally required to perform a service on behalf of the people of this state, which is not chargeable to his county or private person, his account and claim for compensation must be filed with the bo…

31-2220. Incarceration of sheriff on arrest. If the sheriff, on being arrested by a coroner, or if the sheriff or coroner on being arrested by an elisor, or if another person in an action in which both the sheriff and coroner are plaintiffs upon an order of arrest in a civil acti…

31-2221. Elisor has powers of sheriff. An elisor appointed to execute process and orders in the cases mentioned in this chapter, is invested with the powers, duties and responsibilities of the sheriff, in the execution of the process, or orders, and in every matter incidental the…

31-2222. Termination of sheriff’s powers. When a new sheriff is elected, and has qualified and given the security required by law, the county recorder must give a certificate of that fact, under his seal of office, upon the service of which on the former sheriff his powers cease,…

31-2223. Delivery of property to successor. Within three (3) days after the service of the certificate upon the former sheriff, he must deliver to his successor: 1. The jail of the county, with its appurtenances and the property of the county therein. 2. The prisoners then confin…

31-2224. Delivery of property to successor — Written transfer and receipt. He must also, at the same time, deliver to the new sheriff a written transfer of the property. The new sheriff must thereupon acknowledge, in writing on a duplicate of the transfer, the receipt of the prop…

31-2225. Completion of process. The new or succeeding sheriff must complete the execution of all writs and process delivered to him by his predecessor in office as partially executed, in like manner and with like effect as he might execute writs or process delivered to him in the…

31-2226. Refusal to deliver property. If the former sheriff refuses or neglects to deliver to his successor the jail, process, papers and prisoners in his charge, the new sheriff may, notwithstanding, take possession of the jail, and of the prisoners confined therein, and the mag…

31-2227. Enforcement of penal laws — Primary responsibility. (1) Irrespective of police powers vested by statute in state, county and municipal officers, and except where otherwise provided in Idaho Code, it is hereby declared to be the policy of the state of Idaho that the prima…

31-2228. Youth programs fund. The sheriff of each county is authorized to create a self-perpetuating youth programs fund for use in implementation of prevention and early intervention programs for at-risk youth in the county, including but not limited to: (1) providing mentoring …

31-2229. Search and rescue. (1) For the purpose of this section: (a) "Aerial search" means a response by the Idaho office of emergency management and the Idaho transportation department’s division of aeronautics to a missing or overdue aircraft or airman. (b) "Rescue" means a res…