Title 19 — CRIMINAL PROCEDURE

19-2502. Determination of degree of crime. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree.

19-2503. Presence of defendant. For the purpose of judgment, if the conviction is for a felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence.

19-2504. Defendant to be brought before court. When the defendant is in custody the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so.

19-2505. Bench warrant to enforce attendance. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or …

19-2506. Clerk to issue warrant. The clerk, on the application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties.

19-2507. Form of warrant. The bench warrant must be substantially in the following form: County of ….. The state of Idaho, to any sheriff, constable, marshal or policeman in this state: A.B., having been on the …. day of …., …. duly convicted in the district court of the …. judic…

19-2508. Service of warrant. The bench warrant may be served in any county in the same manner as a warrant of arrest, and when served in another county it need not be endorsed by a magistrate of that county.

19-2509. Arrest of defendant. Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the command thereo…

19-2510. Arraignment for sentence. When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the indictment and of his plea, and the verdict if any thereon, and must be asked whether he has any legal cause to …

19-2511. Grounds for withholding judgment. He may show, for cause against the judgment that he has good cause to offer, either in arrest of judgment or for a new trial, in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon t…

19-2512. Pronouncement of judgment. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered.

19-2513. Unified sentence. (1) Whenever any person is convicted of having committed a felony, the court shall, unless it shall commute the sentence, suspend or withhold judgment and sentence or grant probation, as provided in chapter 26, title 19, Idaho Code, or unless it shall i…

19-2514. Persistent violator — Sentence on third conviction for felony. Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persist…

19-2515. Sentence in capital cases — Special sentencing proceeding — Statutory aggravating circumstances — Special verdict or written findings. (1) Except as provided in section 19-2515A, Idaho Code, a person convicted of murder in the first degree or aggravated lewd conduct with…

19-2515A. Imposition of death penalty upon mentally retarded person prohibited. (1) As used in this section: (a) "Mentally retarded" means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least …

19-2516. cost of presentence investigation. If a court orders a presentence investigation to be conducted, the court shall order the defendant to pay an amount to be determined by the department of correction, not to exceed one hundred dollars ($100), of the cost of conducting th…

19-2517. presentence investigation report to include recidivism rates. (1) If the court orders a presentence investigation to be conducted, the investigation report shall include current recidivism rates for: (a) Offenders placed on probation after an expired period of retained j…

19-2518. Lien of judgment for fine. A judgment that the defendant pay a fine, pay costs, or pay fine and costs, constitutes a lien in like manner as a judgment for money in a civil action.

19-2519. Entry of judgment — Record. (a) When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction was had and must without unnecessary delay annex together and file the following papers, whic…

19-2520. Extended sentence for use of firearm or deadly weapon. Any person convicted of a violation of sections 18-905 (aggravated assault defined), 18-907 (aggravated battery defined), 18-909 (assault with intent to commit a serious felony defined), 18-911 (battery with intent t…

19-2520B. Infliction of great bodily injury — Attempted felony or conspiracy — Extension of prison term. (1) Any person who inflicts great bodily injury, and the injury was either intended or the act causing the injury was done with a reckless disregard for the safety of another …

19-2520C. Extension of prison terms for repeated sex offenses, extortion and kidnapping. (1) Any person who is found guilty of violation of the provisions of sections 18-2401 (extortion), 18-4501 (kidnapping), 18-6101 (rape), or 18-1508 (lewd and lascivious conduct), Idaho Code, …

19-2520D. Prior foreign conviction. Every person who has been found guilty in any other state, country or jurisdiction of an offense for which, if committed within this state, such person could have been punished under the laws of this state by imprisonment in the state prison, i…

19-2520E. Multiple enhanced penalties prohibited. Notwithstanding the enhanced penalty provisions in sections 19-2520, 19-2520A, 19-2520B and 19-2520C, Idaho Code, any person convicted of two (2) or more substantive crimes provided for in the above code sections, which crimes aro…

19-2520F. Consecutive sentences for felonies committed in correctional facilities. Every person who has been found guilty of a commission of a felony on the grounds of a correctional facility located in this state shall have the sentence for such offense begin after all previous …

19-2520G. Mandatory minimum sentencing. (1) Pursuant to section 13, article V of the Idaho constitution, the legislature intends to provide mandatory minimum sentences for repeat offenders who have previously been found guilty of or pleaded guilty to child sexual abuse. The legis…

19-2521. sentencing Criteria for placing defendant on probation or imposing imprisonment. (1) The policy of the state of Idaho regarding sentencing of persons convicted of a crime is as follows, unless otherwise provided by law: (a) The sentencing court should first consider plac…

19-2522. Examination of defendant for evidence of mental condition — Appointment of psychiatrists or licensed psychologists — Hospitalization — Reports. (1) If there is reason to believe the mental condition of the defendant will be a significant factor at sentencing and for good…

19-2523. Consideration of mental illness in sentencing. (1) Evidence of mental condition shall be received, if offered, at the time of sentencing of any person convicted of a crime. In determining the sentence to be imposed in addition to other criteria provided by law, if the de…

19-2524. consideration of community-based treatment to meet behavioral health needs in sentencing and post-sentencing proceedings. (1) After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the…

19-2601. Commutation, suspension, withholding of sentence — Probation. Whenever any person shall have been convicted, or enter a plea of guilty, in any district court of the state of Idaho, of or to any crime against the laws of the state, except those of treason or murder, the c…

19-2601A. blended sentence. (1) If the convicted juvenile is a juvenile held for adult criminal proceedings, the court may suspend execution of judgment of a sentence, retain jurisdiction and issue an order committing the convicted juvenile to dual custody with the state board of…

19-2601B. ADVISEMENT TO felony PROBATIONERS REGARDING CONDITIONS OF PROBATION. (1) Any person ordered to felony probation pursuant to this chapter shall be given notice that he waives his constitutional rights under the fourth amendment to the constitution of the United States an…

19-2602. Violation of probation — Arrest. If it is proved to the satisfaction of the court that the terms and conditions upon which the defendant was placed on probation by the court or any of them have been violated or for any other cause satisfactory to the court, the court may…

19-2603. Pronouncement and execution of judgment after violation of probation. When the court finds that the defendant has violated the terms and conditions of probation, it may, if judgment has been withheld, pronounce any judgment which it could originally have pronounced, or, …

19-2604. Discharge of defendant — Amendment of judgment. (1) (a) Application for relief under this subsection may be made by the following persons who have pled guilty to or been found guilty of a crime: (i) A defendant whose sentence has been suspended or who has received a with…

19-2605. Powers of judge at chambers. The powers hereby conferred upon the district court may be exercised by the judge thereof at chambers.

19-2606. suspended offender — Duty to report — Order on report. As ordered by the court, it shall be the duty of each person whose sentence is suspended to appear or report during the continuance of such suspension and to furnish, at his own expense, proof to the satisfaction of …

19-2607. Parole secured by misrepresentation. If at any time after suspension of sentence it shall appear to the district judge that the order suspending sentence was obtained by fraud, perjury or by any sort of misrepresentation or suppression of facts, or that the accused has f…

19-2608. Payment of court-ordered tests of breath or bodily fluids. Whenever a court orders testing of breath or bodily fluids as a condition of probation, such costs for the tests shall be paid for by the probationer in addition to any supervision fee authorized under section 20…

19-2701. Authority for execution of judgment. When a judgment, other than of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority i…

19-2702. Execution on judgment for fine. If the judgment includes the payment of a fine, or costs, or fine and costs, or other monetary sums, execution may be issued thereon for such sums as on a judgment in a civil action.

19-2703. Execution of judgment of imprisonment. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with.

19-2704. Delivery of defendant to penitentiary guard. If judgment is for imprisonment in the state prison, or for the infliction of the death penalty, the sheriff of the county must, upon receipt of the certified copy of judgment, hold the prisoner in his custody until demand for…

19-2705. Death sentence or death warrant and confinement thereunder — Access to condemned person. (1) Whenever a person is sentenced to death, the judge passing sentence shall, in accordance with section 19-2719, Idaho Code, sign and file a death warrant fixing a date of executio…

19-2708. Suspension of judgment of death. No judge, court or officer, can suspend the execution of a judgment of death, except as provided in sections 19-2715 and 19-2719, Idaho Code.

19-2713. Proceedings when female supposed to be pregnant. If there is good reason to suppose that a female against whom a judgment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may s…

19-2714. Finding in case of pregnancy. If it is found by the report that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant, the warden must suspend the execution of the judgment, and transmit the report to the district court tha…

19-2715. Ministerial actions relating to stays of execution, resetting execution dates, and order for execution of judgment of death. (1) Hereafter, no further stays of execution shall be granted to persons sentenced to death except that a stay of execution shall be granted durin…

19-2716. methods of execution. [effective until july 1, 2026] (1) The punishment of death shall be inflicted by the following methods: (a) Continuous, intravenous administration of a lethal quantity of a substance or substances approved by the director of the Idaho department of …