Title 19 — CRIMINAL PROCEDURE

19-5602. Statement of policy. The legislature finds that: (1) Substance abuse is a contributing cause for much of the crime in Idaho, costs millions of dollars in productivity, contributes to the ever increasing jail and prison populations and adversely impacts Idaho children; (2…

19-5603. Drug court — Establishment. The district court in each county may establish a drug court which shall include a regimen of graduated sanctions and rewards, substance abuse treatment, close court monitoring and supervision of progress, educational or vocational counseling …

19-5604. Eligibility. (1) No person has a right to be admitted into drug court. The drug court in each county shall determine the eligibility of persons who may be admitted into drug court except that each candidate, prior to being admitted, must undergo: (a) a substance abuse as…

19-5605. Drug court evaluation. The district court of each county which has implemented a drug court program shall annually evaluate the program’s effectiveness and provide a report to the supreme court as requested. A report evaluating the effectiveness of drug courts in the sta…

19-5606. Implementation of drug courts and mental health courts. The supreme court shall establish a drug court and mental health court coordinating committee consisting of judges, court administrators, drug court coordinators, mental health court coordinators, prosecuting attorn…

19-5607. Drug court and mental health court funding. Subject to the appropriation power of the legislature, the supreme court shall be responsible for administering, allocating and apportioning all appropriations from the legislature for drug courts and mental health courts.

19-5608. Drug court and mental health court fee. Each person admitted into a drug court or mental health court shall pay the drug court and mental health court fee as established in section 31-3201E, Idaho Code.

19-5609. Mental health courts. (1) The district court in each county may establish a mental health court which shall include a regimen of graduated sanctions and rewards, mental health and other appropriate treatment, close court monitoring and supervision of progress, educationa…

19-5610. counseling service in drug courts and mental health courts. Any licensee licensed under chapter 34, title 54, Idaho Code, who is in good standing with the Idaho state licensing board of professional counselors and marriage and family therapists shall be eligible to provi…

19-5701. Purpose. The legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking or malicious harassment frequently establish new addresses in order to prevent their assailants or probable assailant…

19-5702. Definitions. Unless the context clearly requires otherwise, for purposes of this chapter, the following terms have the following meanings: (1) "Address" means a residential street address of an individual as specified on the individual’s application to be a program parti…

19-5703. Address confidentiality program — Application — Certification. (1) An adult person, a parent or a guardian acting on behalf of a minor, or a guardian appointed pursuant to section 15-5-304, Idaho Code, acting on behalf of an incapacitated person, may apply to the secreta…

19-5704. Certification cancellation. (1) The secretary of state may cancel a program participant’s certification if there is a change in the name or residential address from that listed on the application, unless the program participant provides the secretary of state with seven …

19-5705. Use of designated address. (1) A program participant may request that state and local agencies use the address designated by the secretary of state as his or her address. When creating a new public record, state and local agencies shall accept the address designated by t…

19-5706. Disclosure of records prohibited — Exceptions. Notwithstanding any other provision of state law, the secretary of state shall not make any records in a program participant’s file available for inspection or copying, other than the address designated by the secretary of s…

19-5707. Immunity from liability. Neither a governmental entity nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury r…

19-5708. Adoption of rules. The secretary of state may adopt rules to facilitate the administration of this chapter by state and local agencies.

19-5801. definitions. As used in this chapter: (1) "Alternative Idaho mailing address" means the address of a law enforcement officer’s employing entity. (2) "Application" means a written form prescribed and made available by the Idaho peace officer standards and training council…

19-5802. disclosure of residential street address and telephone number prohibited — exceptions. Notwithstanding any other provision of state law, a public agency shall not disclose to any person or entity the Idaho residential street address and telephone number of a law enforcem…

19-5803. address confidentiality — eligibility. (1) Law enforcement officers desiring that their Idaho residential street address and telephone number, and the Idaho residential street address and telephone number of their residing household member(s) be exempt from disclosure pu…

19-5804. immunity from liability. Neither a public agency nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulti…

19-5901. Short title. This chapter shall be known and may be cited as the "State Appellate Public Defender Act."

19-5902. legislative intent. The legislature recognizes that the cost of legal representation of indigent defendants upon the appeal of their criminal convictions, particularly convictions for first-degree murder, is an extraordinary burden on the counties of this state. In order…

19-5903. Creation OF OFFICE of the state appellate public defender. The office of the state appellate public defender is hereby created in the department of self-governing agencies.

19-5904. state appellate public defender — appointment — term — qualifications — prohibited conduct — removal — vacancies — compensation. (1) The state appellate public defender shall be appointed by the governor, with the advice and consent of the senate, to serve a four (4) yea…

19-5905. Powers and duties. (1) Consistent with the state of Idaho’s obligation to provide indigent public defense pursuant to the sixth amendment to the constitution of the United States, section 13, article I of the constitution of the state of Idaho, and the provisions of this…

19-5906. Appointment of additional counsel. Should the state appellate public defender be unable to carry out the duties required in this chapter because of a conflict of interest or any other reason, the state appellate public defender shall arrange for counsel for indigent defe…

19-5907. Annual report. The state appellate public defender shall make an annual report to the state board of examiners, the supreme court, the legislature, and all counties for which the office has provided services concerning the cases handled by the office during the preceding…

19-5908. Capital crimes defense fund authorized. (1) The establishment of a capital crimes defense fund by the counties of the state for purposes of funding the costs of criminal defense in cases where the penalty of death is a legal possibility is hereby authorized. The fund sha…

19-6001. short title. This chapter shall be known and may be cited as the "State Public Defender Act."

19-6002. Definitions. As used in this chapter: (1) "Defending attorney" means any attorney employed by an indigent defense provider or otherwise under contract to represent adults or juveniles at public expense, consistent with the provisions of this chapter. (2) "Detain" means t…

19-6003. office of THE state public defender created. The office of the state public defender is hereby created in the department of self-governing agencies.

19-6004. STATE PUBLIC DEFENDER — APPOINTMENT — TERM — PROHIBITED CONDUCT — REMOVAL — VACANCIES — reappointment — COMPENSATION. (1) The state public defender shall reside in the office of the state public defender and shall be appointed by the governor, in a manner consistent with…

19-6005. POWERS AND DUTIES OF THE STATE PUBLIC DEFENDER. Consistent with the state of Idaho’s obligation to provide indigent public defense pursuant to the sixth amendment to the United States constitution; section 13, article I of the constitution of the state of Idaho; and this…

19-6006. district public defender. (1) In each judicial district described in chapter 8, title 1, Idaho Code, the state public defender shall employ a district public defender. The district public defender must be an employee of the office of the state public defender, meet and m…

19-6007. hiring the district public defender. (1) Whenever a vacancy arises in the position of district public defender, it shall be the duty of the district magistrates commission to recruit applicants, review candidates, and hire a district public defender who meets the qualifi…

19-6008. INDIGENT PUBLIC DEFENSE — role of counties. (1) All counties are released from any further financial or legal obligation to provide indigent public defense. On and after such date, the state assumes the full financial and legal obligation to provide indigent public defen…

19-6009. Right to counsel of indigent person — Representation at all stages of criminal and commitment proceedings — Payment. (1) An indigent person who is being detained by a law enforcement officer, who is confined or is the subject of hospitalization proceedings pursuant to se…

19-6010. Duty to notify accused or detained of right to counsel. (1) If a person who is being detained by a law enforcement officer, or who is confined or who is the subject of hospitalization proceedings pursuant to section 66-322, 66-326, 66-329, 66-404 or 66-406, Idaho Code, o…

19-6011. Determination of indigency — Factors considered — Partial payment by accused — Reimbursement. (1) The determination of whether a person covered under section 19-6009, Idaho Code, is an indigent person shall be deferred until his first appearance in court or in a suit for…

19-6012. Qualifications of counsel. No person may be given the primary responsibility of representing an indigent person unless he is licensed to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime.

19-6013. Waiver of counsel — Consideration by court. A person who has been appropriately informed of his right to counsel may waive any right provided by this chapter if the court concerned, at the time of or after waiver, finds of record that he has acted with full awareness of …

19-6014. Facilities. A defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the county prosecutor. If the defending attorney considers the use of the state facilities impractical, the court concerned may authorize the …

19-6015. Reimbursement — When authorized. (1) The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this chapter: (a)…

19-6016. Records of defending attorneys. Indigent defense providers and defending attorneys shall keep appropriate records respecting each person whom they represent under this chapter.

19-6017. Application of chapter — State courts — Federal courts. This chapter applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States, if: (1) Th…

19-6018. Provisions not exclusive. The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides.

19-6019. contracting with defending attorneys. (1) When contracting with defending attorneys to provide primary or conflict indigent defense services, to the greatest extent that is practicable, the office of the state public defender shall contract with local defending attorneys…

19-6020. APPOINTMENT OF ADDITIONAL COUNSEL — PRO BONO PROGRAMS. (1) Should the office of the state public defender be unable to carry out the duties required in this chapter because of a conflict of interest, or any other reason, the state public defender or his designee shall ar…

19-6101. DEFINITIONS. As used in this chapter: (1) "Peace officer" means any employee of a police or law enforcement agency that is a part of, or administered by, the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and d…