Title 19 — CRIMINAL PROCEDURE

19-5008. Distribution of copies of act. Copies of this act shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.

19-5101. Definitions. As used in this act: (a) "Council" means the Idaho peace officer standards and training council. (b) "County detention officer" means an employee in a county jail who is responsible for the safety, care, protection, and monitoring of county jail inmates. (c)…

19-5102. Council established — Chairman — Members. There is hereby established in the Idaho state police the Idaho peace officer standards and training council. The chairman of the council shall be appointed by the governor and shall be a voting member of the council which shall …

19-5103. Council — Terms of office. Council members not serving by virtue of their office shall be appointed for four (4) year terms initially staggered as specified by the governor.

19-5104. Council — Expiration of term — Vacancies — Additional terms. No member shall serve beyond the time when he holds the office or employment by reason of which he was initially eligible for appointment and any member chosen to fill a vacancy created otherwise than by expira…

19-5105. Chairman — Vice-chairman. The governor shall appoint a chairman, and the council annually shall elect a vice-chairman from among the membership.

19-5106. Membership no disqualification for other public office. Notwithstanding any provision of any statute, ordinance, local law or charter provision to the contrary, membership on the commission shall not disqualify any member from holding any other public office or cause the…

19-5107. Rules and regulations. The council shall promulgate, amend and rescind such rules and regulations in accordance with the provisions of chapter 52, title 67, Idaho Code, it deems necessary to carry out the provisions of this chapter.

19-5108. Meetings — Quorum — Votes — Advisory and ex officio members. The council shall meet a minimum of once each calendar year and more often at the call of the chairman. The presence of a majority of the voting members of the council shall constitute a quorum for doing busine…

19-5109. Powers of the council — Standards of training, education and employment of peace officers — Certification — Penalties. (1) It shall be the duty of and the council shall have the power: (a) To establish the requirements of minimum basic training that peace officers shall …

19-5110. Political subdivisions — Application for aid — Requirements. Any political subdivision or state agency which desires to receive aid pursuant to this chapter shall make application upon a form supplied by the council. Applications submitted pursuant to section 19-5109, Id…

19-5111. Application for training — Approval by council. The council shall be the exclusive body for the approval of applications to attend the schools and programs supported under the provisions of section 19-5109, Idaho Code.

19-5112. Agreement by officer to serve — Violations. (1) Any peace officer attending such schools or programs shall execute an agreement whereby said officer promises to remain within the law enforcement profession in the state of Idaho in a position approved by rules and regulat…

19-5113. Investigations — Authority to administer oaths — Subpoenas. To determine whether the standards, training, qualifications of instructors or schools, the obligations of applicants for aid, or recipients of aid, are being complied with and for such other purposes as the cou…

19-5114. Annual reports. The council shall report annually to the governor and legislature through the director of the Idaho state police on its activities and may make such other reports and recommendations as it deems desirable.

19-5115. Reimbursement for expenses. Members of the council shall be compensated as provided in section 59-509(b), Idaho Code, to be paid from the funds authorized and appropriated to the council pursuant to the provisions of section 23-404, Idaho Code.

19-5116. Peace officers standards and training fund. (a) There is hereby established in the state treasury the peace officers standards and training fund. All moneys deposited to the fund shall be expended by the peace officer standards and training council for the following purp…

19-5117. Powers of the council — Standards of training, education and employment of county detention officers — Certification — Penalties. (1) It shall be the duty of and the council shall have the power: (a) To establish the requirements of minimum basic training which county de…

19-5118. power of the council to establish and assess fees. (1) The council may establish and assess fees for: (a) The use of its facilities and equipment by private entities and non-law enforcement institutions; (b) The use of its facilities and equipment by law enforcement agen…

19-5119. powers of the council — standards of training, education and employment of emergency communications officers — certification — penalties. (1) The council shall have the duty and the power to: (a) Establish the requirements of minimum basic training for all emergency comm…

19-5201. Idaho public safety and security information system — Intent and purpose. The maintenance of law and order is, and always has been, a primary function of government and is so recognized in both federal and state constitutions. The state has an unmistakable responsibility…

19-5202. Establishment of information system — Use — Access charge — Interstate connection. (1) Establishment of information system. The director of the Idaho state police shall establish a public safety and security information system, known as "ILETS," which will interconnect t…

19-5203. Public safety and security information system board — Creation — Composition — Terms — Rules — Compensation of members. (1) There is hereby created within the Idaho state police a public safety and security information system board, to be known as the ILETS board, which …

19-5204. Executive officer of board. The director of the Idaho state police shall be the executive officer of the ILETS board and shall be responsible for the carrying out of the policies and rules of the board and with the management and expenditures of such funds as may be appr…

19-5301. Distribution of moneys received as a result of the commission of crime. (1) Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the representative or assignee of any person, accused of a crime in this state, with…

19-5302. Victims of crime. If a district court or a magistrate division orders the defendant to pay restitution, the court shall order the defendant to pay such restitution to the victim or victims injured by the defendant’s action.

19-5303. Cost of medical exams to be paid by law enforcement agency. When the victim of any crime is directed or authorized by a law enforcement agency to obtain a medical examination for the purpose of procuring evidence for use by a law enforcement agency in the investigation o…

19-5304. Restitution for crime victims — Orders to be separate — When restitution is not appropriate — Other remedies — Evidentiary hearings — Definitions. (1) As used in this chapter: (a) "Economic loss" includes, but is not limited to, the value of property taken, destroyed, br…

19-5305. Collection of judgments. (1) After forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may exe…

19-5306. Rights of victim during investigation, prosecution, and disposition of the crime. (1) Each victim of a criminal or juvenile offense shall be: (a) Treated with fairness, respect, dignity and privacy throughout the criminal justice process; (b) Permitted to be present at a…

19-5307. Fines in cases of crimes of violence. (1) Irrespective of any penalties set forth under state law, and in addition thereto, the court, at the time of sentencing or such later date as deemed necessary by the court, may impose a fine not to exceed five thousand dollars ($5…

19-5501. Legislative findings — Statement of purpose. The legislature finds that DNA (deoxyribonucleic acid) identification analysis is a useful law enforcement tool for identifying and prosecuting felony offenders. The purpose of this act is to assist federal, state and local cr…

19-5502. Definitions. (1) "CODIS" means the federal bureau of investigation’s combined DNA index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories. (2) "Director" means the director of the Idaho state police. (3) "DNA" m…

19-5503. Responsibility for managing DNA programs — Bureau of forensic services. The Idaho state police through the bureau of forensic services shall be responsible for the policy management and administration of the state’s database and databank identification program. The burea…

19-5504. Implementation of the chapter — Rules. The Idaho state police, in consultation with the Idaho attorney general’s office, the Idaho department of correction, the Idaho chiefs of police association, the Idaho state sheriff’s association, and the Idaho prosecuting attorney’…

19-5505. Use of the state databank and database — Duties of bureau of forensic services. (1) The bureau of forensic services shall perform or contract for DNA analysis for law enforcement purposes. (2) The bureau of forensic services shall serve as a repository for DNA samples co…

19-5506. Scope of law — Offenders subject to sample collection — Early collection of samples — Restitution. (1) Any person, including any juvenile tried as an adult, who is convicted of, or pleads guilty to, any felony crime, the attempt to commit any felony crime or any crime th…

19-5507. Responsibility for sample collection — Timing of sample collection — Site for sample collection. (1) A court shall order a DNA sample and thumbprint impression to be taken after conviction and before sentencing of any person upon application by the prosecuting attorney, …

19-5508. Additional samples authorized. Whenever the bureau of forensic services notifies the department of correction or other responsible agency that a DNA sample or thumbprint impression is not adequate for any reason, the department of correction or other custodial agency sha…

19-5509. Genetic testing of samples given for another purpose. If a person has been convicted of a crime as provided by this chapter and has given a DNA sample or samples to law enforcement for any purpose, the bureau of forensic services is authorized to analyze such samples for…

19-5510. Applicability of chapter. Any person subject to the terms of this chapter who has not provided a DNA sample and thumbprint impression for any reason, including the person’s release prior to the enactment of this chapter, an oversight or error, or because of the person’s …

19-5511. Collection and forwarding of samples — Liability — Use of force. (1) The director of the department of correction or the chief administrative officer of the detention facility, jail, other facility at which the DNA sample and thumbprint impression were collected shall fo…

19-5512. Penalties. Any person subject to the terms of this chapter who fails to give a DNA sample or thumbprint impression, after a request by the bureau of forensic services, the department of correction, any law enforcement personnel, or any officer of the court, is guilty of …

19-5513. Expungement of information. (1) A person whose DNA profile has been included in the database and databank pursuant to this chapter may make a written request for expungement of materials from the database and databank on the grounds that the conviction upon which the aut…

19-5514. Limitations on disclosure of information. (1) All DNA profiles retained by the bureau of forensic services pursuant to this chapter shall be treated as confidential as provided by chapter 1, title 74, Idaho Code. (2) The DNA information shall be filed with the offender’s…

19-5515. Dissemination of data, information, and samples for forensic laboratory analysis. (1) Nothing in this chapter shall prohibit the sharing or disseminating of population database information with the following: (a) Federal, state or local law enforcement agencies; (b) Fore…

19-5516. Disposal of samples. The bureau of forensic services is authorized to have unused portions of samples or expired samples disposed of in the normal course of business and in an environmentally approved manner as long as such disposal method is designed to protect the iden…

19-5517. Operation with existing law — Authority of law enforcement officers. Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and use DNA information or thumbprint impressions for law enforcement purposes…

19-5518. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the rema…

19-5601. Short title. This chapter shall be known and may be cited as the "Idaho Drug Court and Mental Health Court Act."