T19CH26
Title 19 > T19CH26
Sections (10)
19-2601
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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 court in its discretion may: 1. Commute the sentence and confine the defendant in the county jail, or, if the defendant is of proper age, commit the defendant to the custody of the state department of juvenile corrections; 2. Suspend the execution of the judgment at the time of judgment or at any time during the term of a sentence in the county jail and may place the defendant on probation under such terms and conditions as it deems necessary and appropriate; 3. Withhold judgment on such terms and for such time as it may prescribe and may place the defendant on probation under such terms and conditions as it deems necessary and appropriate; or 4. Suspend the execution of the judgment at any time during the first three hundred sixty-five (365) days of a sentence to the custody of the state board of correction. The court may retain jurisdiction over the prisoner for a period of up to the first three hundred sixty-five (365) days. Except as provided for in section 19-2601A , Idaho Code, during the period of retained jurisdiction, the state board of correction shall be responsible for determining the placement of the prisoner and such education, programming and treatment as it determines to be appropriate. The prisoner will remain committed to the board of correction if not affirmatively placed on probation by the court. In extraordinary circumstances, where the court concludes that it is unable to obtain and evaluate the relevant information within the period of retained jurisdiction, or where the court concludes that a hearing is required and is unable to obtain the defendant’s presence for such a hearing within such period, the court may decide whether to place the defendant on probation or release jurisdiction within a reasonable time, not to exceed thirty (30) days, after the period of retained jurisdiction has expired. Placement on probation shall be under such terms and conditions as the court deems necessary and appropriate. The court in its discretion may sentence a defendant to more than one (1) period of retained jurisdiction after a defendant has been placed on probation in a case or following release from commitment to the department of juvenile corrections pursuant to section 19-2601A , Idaho Code. In no case shall the board of correction or its agent, the department of correction, be required to hold a hearing of any kind with respect to a recommendation to the court for the grant or denial of probation. Probation is a matter left to the sound discretion of the court. Any recommendation made by the state board of correction to the court regarding the prisoner shall be
19-2601A
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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 correction and the department of juvenile corrections. (2) During this period of dual custody and retained jurisdiction: (a) The department of juvenile corrections shall assume physical custody of and financial responsibility for the convicted juvenile from the time of the court’s order until the court terminates the department’s custody, jurisdiction is relinquished or the juvenile reaches twenty-one (21) years of age, whichever occurs first; (b) The department of juvenile corrections shall be responsible for determining the placement of the convicted juvenile and such education, programming and treatment as it determines to be appropriate. However, court approval is required by the sentencing court prior to the department placing a convicted juvenile in a community residential setting; (c) The state board of correction shall be a member of the convicted juvenile’s treatment team. The state board of correction shall participate in staffings and shall provide supervision pursuant to section 20-219 , Idaho Code, if the convicted juvenile is placed in a community residential setting by the department of juvenile corrections. During this period of supervision, the state board of correction shall not file a probation violation, but may petition the court to terminate the custody of the department pursuant to paragraph (d) of this subsection; (d) While the convicted juvenile is in the physical custody of the department of juvenile corrections, if either the department or the state board of correction reasonably believes that the juvenile is failing to comply with all reasonable program requirements, the department or the state board of correction may petition the sentencing court to terminate custody of the department. If the juvenile has successfully completed the program or is sixty (60) days or less from turning twenty-one (21) years of age, the department of juvenile corrections shall return the convicted juvenile to the court for further disposition; (e) Any recommendation made by the state board of correction or the department of juvenile corrections to the court regarding the convicted juvenile shall be in the nature of an addendum to the presentence report; and (f) Upon the release of the juvenile by the department of juvenile corrections, its duties and obligations cease and custody of the convicted juvenile with the department is terminated. (3) All time served under the custody of the department of juvenile corrections shall be credited toward the total sentence given the convicted juvenile. However, in no event may the total of the actual time spent by the convicted juv
19-2601B
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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 and section 17, article I of the constitution of the state of Idaho and consents to warrantless search and seizure of his person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his control or possession, at any time, day or night, with or without cause, by a probation and parole officer, county probation officer, or peace officer as defined in section 19-5101 (d), Idaho Code. (2) The court shall provide such notice at the time of sentencing and shall condition probation on the terms as provided in this section and any other terms the court deems necessary. (3) The defendant shall agree to the terms of probation as described in this section and any other terms deemed by the court and shall acknowledge acceptance in writing. If the defendant fails to agree and accept said terms, he shall be ineligible to be placed on probation. (4) Probation and parole officers, county probation officers, and peace officers shall not conduct searches or seizures for the sole purpose of harassment. History: [19-2601B, added 2025, ch. 140, sec. 1, p. 711.]
19-2602
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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, at any time within the longest period for which the defendant might have been originally sentenced by judgment of the court, issue a bench warrant for the rearrest of the defendant. History: [(19-2602) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8000; C.S., sec. 9044; I.C.A., sec. 19-2504.]
19-2603
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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, if judgment was originally pronounced but suspended, revoke probation. The time such person shall have been at large under such suspended sentence shall not be counted as a part of the term of his sentence. The defendant shall receive credit for time served from the date of service of a bench warrant issued by the court after a finding of probable cause to believe the defendant has violated a condition of probation, for any time served following an arrest of the defendant pursuant to section 20-227 , Idaho Code, and for any time served as a condition of probation under the withheld judgment or suspended sentence. History: [(19-2603) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8001; C.S., sec. 9045; I.C.A., sec. 19-2505; am. 2015, ch. 99, sec. 2, p. 240.]
19-2604
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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 withheld judgment; (ii) A defendant in a felony case whose sentence has been commuted under section 19-2601 1., Idaho Code; (iii) A defendant in a felony case upon whom the court has not imposed a sentence to the custody of the board of correction; (iv) A defendant who has not been sentenced but who has successfully completed a drug court or mental health court program; (v) A defendant in a misdemeanor case who has not been sentenced to serve a term in the county jail or whose sentence or any portion thereof has been suspended. (b) Upon application of the defendant and upon satisfactory showing that: (i) The court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of any probation that may have been imposed; or (ii) The defendant has successfully completed and graduated from an authorized drug court program or mental health court program and during any period of probation that may have been served following such graduation, the court did not find, and the defendant did not admit, in any probation violation proceeding that the defendant violated any of the terms or conditions of probation; the court, if convinced by the showing made that there is no longer cause for continuing the period of probation should the defendant be on probation at the time of the application, and that there is good cause for granting the requested relief, may terminate the sentence or set aside the plea of guilty or conviction of the defendant, and finally dismiss the case and discharge the defendant or may amend the judgment of conviction from a term in the custody of the state board of correction to confinement in a penal facility for the number of days served prior to sentencing, and the amended judgment may be deemed to be a misdemeanor conviction. This shall apply to the cases in which defendants have been convicted before this law goes into effect, as well as to cases which arise thereafter. The final dismissal of the case as herein provided shall have the effect of restoring the defendant to his civil rights. (2) If sentence has been imposed but suspended for any period during the first three hundred sixty-five (365) days of a sentence to the custody of the state board of correction, and the defendant placed upon probation as provided in subsection 4. of section 19-2601 or 19-2601A , Idaho Code, upon application of the defendant, the prosecuting attorney, or upon the court’s own motion, and upon satisfactory showing that: (a) The court did not find, and the defendant did not admit, in any probation violation
19-2605
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 19-2605. Powers of judge at chambers. The powers hereby conferred upon the district court may be exercised by the judge thereof at chambers. History: [(19-2605) 1915, ch. 104, part of sec. 1, p. 245; reen. C.L., sec. 8003; C.S., sec. 9047; I.C.A., sec. 19-2507.]
19-2606
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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 the court that he has, since his sentence was suspended or since the last date at which proof has been furnished, complied with the terms and conditions upon which his sentence was suspended by the court. The court may modify the terms and conditions of suspension or vacate the order of suspension of sentence and order retained jurisdiction or execution of the judgment as though suspension had not been made. History: [(19-2606) 1915, ch. 104, sec. 2, p. 245; reen. C.L., sec. 7999; C.S., sec. 9043; am. 1929, ch. 100, sec. 1, p. 163; I.C.A., sec. 19-2503; am. 2014, ch. 150, sec. 5, p. 419.]
19-2607
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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 failed or neglected to have a fixed place of abode and a regular occupation, the district judge shall issue a warrant for his apprehension and shall remand him for sentence. History: [(19-2607) 1915, ch. 104, sec. 3, p. 245; reen. C.L., sec. 7998; C.S., sec. 9042; I.C.A., sec. 19-2502.]
19-2608
TITLE 19 CRIMINAL PROCEDURE CHAPTER 26 SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS 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 20-225 or 31-3201D , Idaho Code, to the clerk of the court if services are provided by the county or directly to the agency providing the testing, provided the court may waive this requirement upon a showing of cause. History: [19-2608, added 1994, ch. 248, sec. 1, p. 792; am. 2012, ch. 109, sec. 1, p. 299; am. 2020, ch. 281, sec. 1, p. 818.]