Title 19 — CRIMINAL PROCEDURE

19-4509. Authority of arresting officer. Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed …

19-4510. Rights of accused person — Application for writ of habeas corpus. No person arrested upon such warrant shall be delivered over to the appointed agent for the executive authority demanding him unless he shall first be taken forthwith before a judge or magistrate of a cour…

19-4511. Penalty for noncompliance with section 19-4510, Idaho Code. Any officer who shall deliver to the agent of the demanding state a person in his custody for extradition under the governor’s warrant, in willful disobedience to section 19-4510, Idaho Code, shall be guilty of …

19-4512. Confinement in jail when necessary. The officer or person executing the governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary, confine the prisoner in the jail of any county or city through whic…

19-4513. Arrest prior to requisition. (1) Except in cases arising under section 19-4506, Idaho Code, a judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to brin…

19-4514. Arrest without a warrant. The arrest of a person may be lawfully made by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a t…

19-4515. Commitment to await requisition — Bail. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 19-4506, Idaho Code, that he has fled f…

19-4516. Bail — In what cases — Conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the pe…

19-4517. Extension of time of commitment. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, as provided in section 19-4515, Idaho Code, a judge or magistrate may discharge him or may recommit him for a fur…

19-4518. Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is …

19-4519. Persons under criminal prosecution in this state at time of requisition. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his discretion, either may surrender such person on demand of the…

19-4520. Guilt or innocence of accused — When inquired into. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition is presented to the governor, except as it may …

19-4521. Governor may recall warrant or issue alias. The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

19-4522. Fugitives from this state — Duty of governor. Whenever the governor of this state shall demand a person charged with crime, escaping from confinement, or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, o…

19-4523. Application for issuance of requisition — By whom made — Contents. (1) When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return …

19-4524. Immunity from service of process in certain civil actions. A person brought into this state by or after waiver of extradition based on a criminal charge, shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal pr…

19-4525. No right of asylum — No immunity from other criminal prosecution while in this state. After a person has been brought back to this state by or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having comm…

19-4526. Interpretation. The provisions of this chapter shall be so interpreted and construed as to effectuate the general purposes to make uniform the law of those states which enact it.

19-4528. Costs and expenses. When the governor of this state, in the exercise of the authority conferred by section 2 of article 4 of the Constitution of the United States, or by the laws of this state, demands from the executive authority of any state or territory of the United …

19-4529. Extradition of persons imprisoned or charged in another state or who have left demanding state involuntarily — Authorized signature of governor. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprison…

19-4530. Written waiver of extradition proceedings. (1) Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuan…

19-4531. Short title. This chapter may be cited as the "Uniform Criminal Extradition Act."

19-4601. Order for production of prisoner. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court a…

19-4702. Disposition of other funds. Whenever any money shall be or shall come into the possession of any clerk of court, or other public officer authorized to receive the same, and no fund is specified by law into which such money shall be paid, or purpose to which the same shal…

19-4705. Payment of fines and forfeitures — Satisfaction of judgment — Disposition — Apportionment. (1) Except as otherwise provided in subsection (2) of this section: (a) All fines and forfeitures collected pursuant to the judgment of any court of the state shall be remitted to …

19-4706. Remission of fines to state treasurer. The ten per cent (10%) apportionment of fines and forfeitures to be remitted to the state treasurer for deposit in the state general fund shall be remitted within five (5) days after the end of the month in which such fines and forf…

19-4707. Designation of other than clerk of court to collect fines. If it appears that there is a necessity that fines and forfeitures be initially collected by a person other than the clerk of the district court or a person appointed by the clerk for that purpose, the Supreme Co…

19-4708. Collection of debts owed to courts — Contracts for collection. (1) The supreme court, or the clerks of the district court with the approval of the administrative district judge, may enter into contracts in accordance with this section for collection services for debts ow…

19-4801. short title. This chapter shall be known and may be cited as the "Criminal Justice Integrated Data System Act."

19-4802. legislative intent. The local governments and state agencies and departments that comprise and interact with the criminal justice system in Idaho possess a wealth of data. A centralized data repository to manage and link data across separate entities will aid in evaluati…

19-4803. criminal justice integrated data system. (1) There is hereby created in the office of the state controller the criminal justice integrated data system to receive, store, secure, and maintain data and information from local governments, state agencies and departments, or …

19-4804. data oversight council. (1) There is hereby created in the office of the state controller the data oversight council. All requests for projects, reports, and data analyses generated from the criminal justice integrated data system must be approved by the data oversight c…

19-4901. Remedy — To whom available — Conditions. (a) Any person who has been convicted of, or sentenced for, a crime and who claims: (1) That the conviction or the sentence was in violation of the constitution of the United States or the constitution or laws of this state; (2) T…

19-4902. Commencement of proceedings — Verification — Filing — Service — DNA testing. (a) A proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in which the conviction took place. An application may be filed at any time …

19-4903. Application — Contents. The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state t…

19-4904. Inability to pay costs. If the applicant is unable to pay court costs and expenses of representation, including stenographic, printing, witness fees and expenses, and legal services, these costs and expenses, and a court-appointed attorney may be made available to the ap…

19-4905. Costs of state. All costs and expenses necessarily incurred by the state in the proceedings shall be paid by the county in which the application is filed.

19-4906. Pleadings and judgment on pleadings. (a) Within 30 days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the c…

19-4907. Hearing — Evidence — Order — Presence of applicant. (a) The application shall be heard in, and before any judge of, the court in which the conviction took place. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedin…

19-4908. Waiver of or failure to assert claims. All grounds for relief available to an applicant under this act must be raised in his original, supplemental or amended application. Any ground finally adjudicated or not so raised, or knowingly, voluntarily and intelligently waived…

19-4909. Review. A final judgment entered under this act may be reviewed by the Supreme Court of this state on appeal brought either by the applicant or by the state within forty-two (42) days from the entry of the judgment. On appeal the state shall be represented by the attorne…

19-4910. Uniformity of interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

19-4911. Short title. This act may be cited as the Uniform Post-Conviction Procedure Act.

19-5001. Text of agreement. The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows: (a) The party states find that charges outstanding against a prisoner, detai…

19-5002. Appropriate court — Defined. The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean the state district courts.

19-5003. Cooperation of officials. All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agree…

19-5004. Persistent violators. Nothing in this act or in the agreement on detainers shall be construed to require the application of section 19-2514, Idaho Code, to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of sa…

19-5005. Escape from custody obtained pursuant to request for final disposition — Effect. Escape from custody while in another state pursuant to the agreement on detainers and escape from custody in this state by any prisoner subsequent to his execution of a request for final dis…

19-5006. Mandatory delivery of custody. It shall be lawful and mandatory upon the director of correction in charge of the Idaho state prison to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.

19-5007. Administration. The attorney general, or his designee, shall serve as the administrator of the agreement on detainers.