Title 19, CRIMINAL PROCEDURE

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."

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 wh…

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 di…

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 …

19-4204. Application for writ of habeas corpus by a person not a prisoner. [effective until January 1, 2027] (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 …

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 hi…

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 corpu…

19-4207. Application for writ of habeas corpus on behalf of another. [effective until January 1, 2027] 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…

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.

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 fri…

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…

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 restra…

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.

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 fac…

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 …

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 requir…

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) T…

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…

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 terminate…

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 interv…

19-4220. Settlements and consent decrees in conditions of confinement cases. (1) In any civil action with respect to conditions of confinement, the court shall not enter or approve a settlement or consent decree unless it complies with the limitations on relief set forth in secti…

19-4221. Successive claims. In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding if the prisoner has, on two (2) or more prior occasions, while incarcerated or detained in any state, local or private correctional facility, brought…

19-4222. Prior showing of physical injury or mental illness required. No civil action may be brought by a prisoner confined in a state, local or private correctional facility for mental or emotional injury suffered while in custody without a prior showing of either: (1) Physical …

19-4223. Right of access to court not expanded. Nothing in this chapter shall be construed to expand the right of access to courts for institutionalized persons under federal or state law.

19-4224. Exclusive remedy. This chapter sets forth the exclusive procedures and remedies in habeas corpus actions.

19-4225. Liberty interest not created. Nothing in this chapter shall be construed to create a liberty interest.

19-4226. Severability. The provisions of this act are declared to be severable and if any provision of this act or the application of a provision to any person or circumstance is declared invalid for any reason, the declaration shall not affect the validity of the remaining porti…