Title 19 — CRIMINAL PROCEDURE

19-3945. Jurors and witnesses — Fees and mileage — Application for subpoenas. Witnesses before a special inquiry judge and in criminal cases in the magistrate division of district court, and witnesses in a coroner’s inquest, are entitled to the same fees and mileage as provided i…

19-3946. Affidavit as to miles traveled. Each juror and witness must state on oath to the judge, justice or coroner, the number of miles traveled for which he is entitled to pay; but no juror or witness shall receive mileage other than for the distance actually traveled, notwiths…

19-3947. County misdemeanor probation office services. Misdemeanor probation office services shall be as provided in section 31-878, Idaho Code.

19-4001. Officers subject to impeachment. Any state officer, created by state law, shall be liable to impeachment for any misdemeanor in office.

19-4002. Articles of impeachment — Preparation and trial. All impeachments must be by resolution adopted and originated in the house of representatives, and conducted by managers elected by the house, who must prepare articles of impeachment, present them at the bar of the senate…

19-4003. Delivery of articles to president of senate. When an officer is impeached by the house of representatives for a misdemeanor in office, the articles of impeachment must be delivered to the president of the senate.

19-4004. Time and notice of hearing. The senate must assign a day for the hearing of the impeachment and inform the house of representatives thereof. The president of the senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the t…

19-4005. Service of notice. The service must be made upon the defendant personally, or if he cannot, upon diligent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requirin…

19-4006. Failure of defendant to appear. If the defendant does not appear, the senate, upon proof of service or publication, as provided in the last two (2) sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed in the …

19-4007. Answer or demurrer. When the defendant appears he may, in writing, object to the sufficiency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal, and puts in issue every material allegation …

19-4008. Overruling demurrer — Plea and trial. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must be ordered forthwith to answer the articles of impeachment. If …

19-4009. Senate to be sworn. At the time and place appointed and before the senate proceeds to act on the impeachment, the secretary must administer to the president of the senate, and the president of the senate to each of the members of the senate then present, an oath truly an…

19-4010. Vote necessary for conviction. The defendant cannot be convicted on an impeachment without the concurrence of two-thirds (2/3) of the members elected, voting by ayes and noes, and if two-thirds (2/3) of the members elected do not concur in a conviction, he must be acquit…

19-4011. Judgment of conviction. After conviction the senate must, at such time as it may appoint, pronounce judgment in the form of a resolution, entered upon the journals of the senate.

19-4012. Adoption of judgment. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

19-4013. Extent of judgment. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office in this state.

19-4014. Judgment of suspension. If judgment of suspension is given, the defendant, during the continuance thereof, is disqualified from receiving the salary, fees, or emoluments of the office.

19-4015. Suspension pending trial. Whenever articles of impeachment against any officer subject to impeachment are presented to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension o…

19-4016. Impeachment not a bar to indictment. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment, the indictment is not barred thereby.

19-4101. Presentation of accusation. An accusation in writing against any district, county, precinct, or municipal officer, for wilful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.

19-4102. Form of accusation. The accusation must state the offense charged, in ordinary and concise language, and without repetition.

19-4103. Service on defendant. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county (except when he is the officer accused), who must cause a copy thereof to be served upon the defendant, and require by notice in writing, of …

19-4104. Appearance and answer — Default. The defendant must appear at the time appointed in the notice and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine th…

19-4105. Answer or demurrer. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

19-4106. Form of demurrer. If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection.

19-4107. Form of denial. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

19-4108. Answer after overruling demurrer. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith.

19-4109. Proceedings on plea. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusat…

19-4110. Trial by jury. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.

19-4111. Process for witnesses. The prosecuting attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment.

19-4112. Judgment of removal. Upon a conviction, the court must, at such time as it may appoint, pronounce a judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned th…

19-4113. Appeal — How taken and effect. From a judgment of removal an appeal may be taken to the supreme court, in the same manner as from a judgment in a civil action; but until such judgment is reversed the defendant is suspended from his office. Pending the appeal, the office …

19-4114. Removal of prosecuting attorney. The same proceedings may be had on like grounds for the removal of a prosecuting attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to the district judge of the district, who m…

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. (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 which the person is restrained. (2…

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. 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 aggrieved person who is a minor, …

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…