T20CH2

Title 20 > T20CH2

Sections (58)

20-201

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-201. Department of correction created. There is hereby created the department of correction. The state board of correction, as outlined in section 5, article X of the constitution of the state of Idaho, shall control, direct, and manage the department of correction consistent with the constitution of the state of Idaho and as required by law. The department of correction shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of state government. History: [20-201, added 1999, ch. 311, sec. 4, p. 777; am. 2021, ch. 196, sec. 1, p. 525; am. 2024, ch. 164, sec. 3, p. 624.]

20-201A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-201A. Board created — Appointment — Nonpartisan — Terms — Vacancies — Delegation of authority. (1) There is hereby created a nonpartisan board of three (3) members to be known as the state board of correction, referred to in this chapter as the board, appointed by the governor to exercise the duties imposed by law. The board shall be the constitutional board of correction prescribed by section 5, article X, of the constitution of the state of Idaho. Not more than two (2) members shall belong to the same political party. Any person appointed a member of the board shall hold office for six (6) years. Vacancies in the membership of the board shall be filled in the same manner in which the original appointments are made. (2) The board may transfer to the commission of pardons and parole any and all authority and power as it deems necessary to fulfill the duties, responsibilities and intent of this chapter and the other duties imposed upon it by law. History: [(20-201A), added 1969, ch. 97, sec. 2, p. 329; am. 1974, ch. 6, sec. 1, p. 28; am. and redesig. 1999, ch. 311, sec. 5, p. 777.]

20-202

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-202. Interim appointments — Chairman. In the event of death, removal or resignation of any member of the board, the governor shall appoint some competent person to serve during the unexpired term. The governor shall designate one (1) member of the board to serve as chairman. History: [20-202, added 1947, ch. 53, sec. 2, p. 59; am. 1998, ch. 270, sec. 1, p. 899.]

20-203

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-203. Removal of members — Grounds — Hearing and proceedings. The governor may not remove any member of the board except for disability, inefficiency, neglect of duty or malfeasance in office. Before such removal the governor shall give such member a written copy of the charges against him and shall fix the time when he can be heard in his defense which shall not be less than ten (10) days thereafter. If such member shall be removed, the governor shall file, in the office of the secretary of state, a complete statement of all charges made against such member and his findings thereon, with a record of the proceedings. History: [20-203, added 1947, ch. 53, sec. 3, p. 59.]

20-204

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-204. Political activity of board members or employees restricted. The members of the board of correction and its officers and employees shall not, at the time of appointment nor during their incumbency of office, serve as the representative, officer, or employee of any political party. History: [20-204, added 1947, ch. 53, sec. 4, p. 59.]

20-205

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-205. Qualifications of board or board members. In the selection of members of the original board, and thereafter as vacancies occur in the appointment of successor member, the governor so appointing shall, so far as same is possible, select the members on the basis of their general background in business and administration. History: [20-205, added 1947, ch. 53, sec. 5, p. 59; am. 1969, ch. 419, sec. 1, p. 1160.]

20-206

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-206. Organization of board — Election of vice-chairman and secretary, terms. At the first meeting after they have qualified for office, the board shall proceed to organize by the election of one (1) of their members as a vice-chairman and the other as secretary. Such officers shall serve during the succeeding biennium. History: [20-206, added 1947, ch. 53, sec. 6, p. 59.]

20-207

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-207. Office of board at penitentiary — Meetings — Quorum — Majority vote. The state board of correction shall maintain an office at the penitentiary and shall meet at such times and places as may be necessary for the conduct of its business. Meetings may be held at the call of the chairman or a majority of the board but in no event shall they meet less than quarterly. A majority of the board shall constitute a quorum for the transaction of business and no order of the board shall be valid unless concurred in by at least two (2) of its members. History: [20-207, added 1947, ch. 53, sec. 7, p. 59; am. 1969, ch. 97, sec. 3, p. 329.]

20-208

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-208. Salaries and expenses of board members. Each member of the state board of correction shall be compensated as provided by section 59-509 (q), Idaho Code. History: [20-208, added 1947, ch. 53, sec. 8, p. 59; am. 1951, ch. 217, sec. 1, p. 448; am. 1969, ch. 97, sec. 4, p. 329; am. 1980, ch. 247, sec. 5, p. 586; am. 2008, ch. 80, sec. 1, p. 208.]

20-209

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209. Control and management of correctional facilities and prisoners — rehabilitative services — Rules. (1) The state board of correction shall have the control, direction, and management of such correctional facilities as may be acquired for use by the state board of correction and all property owned or used in connection therewith. The board shall provide for the care and maintenance of all prisoners now or hereinafter committed to its custody. The board may also provide for employment of those prisoners housed at a correctional facility. Nothing in this section creates a right to any employment. (2) The state board of correction may provide or facilitate research-based rehabilitative services at the discretion of the Idaho department of correction and as resources permit for incarcerated and community-based offenders. The rehabilitative services may include programs for behavioral modification, education, vocational education, sexual offenders, substance abuse, gender responsive programs, and other programs that correctional research supports reduction of risk for offender populations. Nothing contained in this subsection shall create any right to rehabilitative services. (3) The state board of correction shall have the authority to enter into contracts with private prison contractors for the site selection, design, design/building, acquisition, construction, construction management, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of those services subject to the requirements and limitations set forth in section 20-241A , Idaho Code. (4) The state board of correction shall have the authority to promulgate rules required by law or necessary or desirable to carry out all duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20 , Idaho Code, which authority shall include the power and duties to prescribe standards, rules, and procedures for licensure of private prison contractors, to develop and provide, in conjunction with the department of administration, a uniform contract for use by local contracting authorities in contracting with private prison contractors, to review records and historical information of all prisoners proposed to be housed in private prison facilities and to approve or reject the housing of all prisoners, to monitor the status of insurance of private prison contractors, to approve suitable training programs for firearm certification for employees of private prison contractors, and to approve suitable drug testing programs for prisoners housed with private prison contractors. All final decisions by the board shall be subject to review pursuant to the provisions and procedures of the administrative procedure act, chapter 52, title 67 , Idaho Code. (5) The state board of correction is authorized to provide medical and counseling services to thos

20-209A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209A. Computation of term. When a person is sentenced to the custody of the board of correction, his term of confinement begins from the day of his sentence. The time during which the person is voluntarily absent from the penitentiary, jail, facility under the control of the board of correction, or from the custody of an officer after his sentence, shall not be estimated or counted as a part of the term for which he was sentenced. History: [20-209A, added 1970, ch. 143, sec. 7, p. 425; am. 2015, ch. 99, sec. 3, p. 240.]

20-209B

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209B. Duty to control disturbances at state penitentiary. It shall be the primary duty of the state director of correction, or his designee, to prevent, control and suppress all riots, escapes, affrays and insurrections at the state penitentiary or other place maintained by the state board of correction which come to his knowledge, and to control and suppress all attempts to riot or escape. The director of correction, or his designee, shall be primarily responsible for all security measures to be taken at the time of any riot, escape, affray or insurrection, or attempts to commit the same, at the state penitentiary or other place under the control of the state board of correction. Any county sheriff, deputy sheriff or any person so acting, and all other law enforcement officers, shall be subject to the authority herein conferred upon the director of correction, or his designee, and shall be subject to his direction and control during any riots, escapes, affrays, insurrections, or attempts to commit the same, at the state penitentiary or other place maintained by the state board of correction. Nothing in this act shall preclude the use of any county sheriff or other law enforcement officers by the director of correction during any such existing emergency. If at any such time the director of correction shall find need for the assistance of any county sheriff or other law enforcement officers, the sheriff and such other officers may respond and render assistance at the direction of the director of correction. For purposes of this section, a facility operated by a private prison contractor and housing prisoners pursuant to a contract between the contractor and the state board of correction, as set forth in section 20-241A , Idaho Code, shall be deemed to be maintained by or under the control of the state board of correction. History: [20-209B, added 1973, ch. 169, sec. 1, p. 358; am. 2010, ch. 351, sec. 2, p. 915.]

20-209C

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209C. Authority to designate employees as peace officers. All employees of the state board of correction who receive peace officer certification from the Idaho peace officer standards and training council shall have the authority given by statute to peace officers of the state of Idaho in accordance with the provisions of section 19-5109 , Idaho Code. The state board of correction shall have the additional authority to designate other employees to act as peace officers when engaged in transportation of prisoners or apprehension of prisoners or wards who have escaped, or apprehension and arrest of persons who are suspected of having violated the terms and conditions of their probation or parole, or when present with and at the request of a local, state or federal law enforcement officer. History: [(20-209C) 20-209B, as added by 1973, ch. 170, sec. 2, p. 360; redesignated as I.C. sec. 20-209C, 1979, ch. 205, sec. 1, p. 588; am. 1980, ch. 99, sec. 1, p. 219; am. 2005, ch. 131, sec. 3, p. 420; am. 2011, ch. 28, sec. 2, p. 70.]

20-209D

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209D. Forfeiture of contraband property or money found in possession of inmates. The state board of correction, or its designee, shall have the authority to confiscate contraband money found in the possession of the inmates and thereafter deposit the money in the department of correction receipts account, and to dispose of other contraband property found in possession of inmates by donation to a nonprofit organization. History: [20-209D, added 1979, ch. 205, sec. 2, p. 588; am. 1983, ch. 223, sec. 1, p. 619; am. 1989, ch. 213, sec. 1, p. 522.]

20-209E

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209E. Prison disciplinary action for frivolous or malicious court proceedings. (1) In any action, whether filed in state, federal or administrative court, in which a prisoner submits a frivolous or malicious claim, or knowingly testifies falsely or otherwise knowingly presents false evidence or information to the court, the prisoner may be subject to prison disciplinary action. Such disciplinary action may be initiated upon the court’s finding that: (a) The prisoner has filed a claim that is frivolous or malicious; (b) The prisoner filed a claim solely to harass the party; (c) The prisoner has knowingly testified falsely or otherwise knowingly submitted false evidence or information to the court; or (d) The prisoner has committed a fraud upon the court. (2) In the absence of a finding by the court under subsection (1) of this section, and upon review and recommendation by the office of the attorney general, a disciplinary hearing may be held by the appropriate authority at the prison, pursuant to section 5, article X of the constitution of the state of Idaho, to determine whether the prisoner has filed a claim that is malicious or intended solely to harass the party, or has testified falsely or otherwise presented false evidence or information to the court. (3) Upon a finding of guilt under either subsection (1) or (2) of this section, the prisoner shall be subject to prison disciplinary detention and loss of privileges consistent with established prison disciplinary procedures. History: [20-209E, added 1996, ch. 420, sec. 3, p. 1400.]

20-209F

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209F. Warrants for certain fugitives. (1) The director of the department of correction or his designee shall have the authority to apply to the magistrates division of the district court of Ada county for a warrant for the arrest, detention and return to custody of any person committed to the custody of the department of correction under a judgment of conviction who, prior to satisfying the full term of his judgment of conviction and sentence, has either: (a) Escaped or absconded from the custody or supervision of the department; or (b) Been released for any reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state. (2) The magistrate shall issue a warrant upon submission by the director or his designee of an affidavit that: (a) Identifies the person sought; (b) Demonstrates that such person has been committed to the custody of the department of correction under a judgment of conviction; and (c) Demonstrates that, prior to satisfying the full term of his judgment of conviction and sentence, the person sought has either: (i) Escaped or absconded from the custody or supervision of the department; or (ii) Been released for any other reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state. (3) Any person who is arrested and detained pursuant to this section shall be ineligible for bond, bail or release on his own recognizance. (4) Any person arrested and detained pursuant to this section shall have the right to a hearing to confirm that: (a) He is the person identified in the warrant; and (b) An unsatisfied portion of his judgment of conviction and sentence remains to be served. (5) A warrant issued pursuant to this section shall remain in effect until: (a) The warrant is quashed by order of a court; (b) The person identified in the warrant is returned to the custody of the department of correction; or (c) The sentence of the person identified in the warrant is otherwise deemed satisfied. (6) The issuance of a warrant pursuant to this section shall not negate or interfere with the issuance of warrants under any other provision of law. (7) A warrant issued pursuant to this section shall be sufficient for any peace officer to arrest, detain and return to the custody of the department of correction any person described in the warrant. It shall be the duty of all peace officers to execute the warrant in the same manner as ordinary process and to return any person arrested pursuant to this section to the custody of the department of correction. (8) A person who is detained pursuant to a warrant issued under this section may apply for an order quashing the warrant. An action to quash a warrant issued under this section may be brought in Ada county, Idaho or in the county in Idaho in which a person arrested under such a warrant is deta

20-209G

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209G. authority to investigate and issue subpoenas. (1) For purposes of this section, the following definitions shall apply: (a) Correctional facility means any prison, correctional facility or mental health facility operated by the department of correction and any public or private correctional facility in which department of correction prisoners are housed pursuant to contract, including a county jail; (b) Department of correction prisoner means any person housed in a correctional facility who has been committed to the custody of or who is under the supervision of the department of correction by way of a judgment of conviction or court order, including the following: (i) Prisoners committed to the department to serve criminal sentences; (ii) Persons committed in relation to their fitness to proceed at trial pursuant to section 18-212 , Idaho Code; (iii) Prisoners over whom a court has retained jurisdiction pursuant to section 19-2601 4., Idaho Code; (iv) Prisoners serving discretionary jail time as probationers or parolees; (v) Parolees arrested pursuant to sections 20-227 and 20-1007 , Idaho Code, and are awaiting a determination regarding violation or revocation of their parole; (vi) Civil commitments pursuant to section 66-329 , Idaho Code; and (vii) Persons committed to the Idaho security medical program pursuant to section 66-1301 , Idaho Code. (c) Documents means any writings, charts, records, recordings, electronic records or data, photographs, tangible things, drawings or diagrams of any sort whatsoever. (2) In furtherance of the duties set forth in this chapter and department of correction rules, the director of correction shall have the authority to: (a) Investigate crimes, criminal enterprises or conspiracies, violations of state law or administrative regulations, disturbances, riots and the introduction of contraband into a correctional facility, where such activities involve department of correction prisoners; (b) Investigate waste, mismanagement of state resources and violations of laws, regulations, policies, directives or procedures by employees of the department of correction; and (c) Issue subpoenas for the production of documents which may be relevant to such investigations. (3) If a custodian of documents refuses to produce any document required by a subpoena issued pursuant to subsection (2) of this section, the director of correction may petition the district court in the county in which the custodian resides or does business, setting forth by way of sworn affidavit the reasons supporting issuance of the subpoena and why the documents sought are necessary for the investigation, that due notice has been given of the time and place of production of said documents, that the custodian has been properly summoned and that the custodian has failed and refused to produce documents required by the subpoena and may request an order compelling the custodian

20-209H

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209H. duty to establish inmate accounts — payment of restitution. The state board of correction shall establish an account in the name of each inmate confined in a correctional facility. All moneys in the inmate’s possession upon admission, all moneys earned from institutional employment and all moneys received by the inmate from any other source, other than money that is contraband, shall be deposited in the inmate’s account. If the court ordered an inmate to make restitution under section 19-5304 , Idaho Code, and the restitution is still owing, then twenty percent (20%) of each deposit in the inmate’s account shall be paid to the state board of correction who shall, within five (5) days after the end of the month, pay such moneys to the clerk of the court in which the restitution order was entered for payment to the victim. The provisions of this section shall apply to any inmate confined in a correctional facility on or after the effective date of this section. History: [20-209H, added 2014, ch. 150, sec. 6, p. 420.]

20-209I

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-209I. assignment of inmates to do conservation work. (1) Inmates may be assigned to do conservation work on a permanent or temporary basis. The board or its designated agent may, at such times as it deems proper and on such terms as it deems wise, enter into contracts or cooperative agreements with any public agency, state or federal, for the performance of conservation projects that are appropriate and under conditions consistent with policies established by the board. (2) Inmates may be assigned to perform public conservation projects including, but not limited to, forest fire prevention and control, forest and watershed management, recreational area development, fish and game management, soil conservation, and forest watershed revegetation. History: [20-209I, added 2020, ch. 83, sec. 12, p. 220.]

20-211

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-211. Records, funds and property of superseded agencies — Delivery to board of corrections. From and after the taking effect of this act, the state board of correction shall succeed to and be in possession and control of all records, accounts, books, papers, equipment, supplies, funds, and other property, real and personal, in possession of or under the control of any office, board, commission, agency, deputy or employee herein abolished or superseded. Immediately after notice of the appointment, qualification, and organization of the state board of correction, the director of correction and every other state officer or employee then having in his possession or under his control any property, real or personal, any records, and funds of whatever kind or character for the use and benefit of the penitentiary or the administration thereof, shall proceed to prepare and within ten (10) days thereafter to submit a full and complete inventory of all property and records so held to said board of correction, together with possession of said records and property as said board of correction shall direct. History: [20-211, added 1947, ch. 53, sec. 11, p. 59; am. 1974, ch. 6, sec. 3, p. 28.]

20-212

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-212. Rules — Authority of board. (1) The state board of correction shall make all necessary rules to carry out the provisions of this chapter not inconsistent with express statutes or the state constitution and to carry out those duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20 , Idaho Code. The board shall fix the time and place of meetings, the order of business, the form of records to be kept, the reports to be made, and all other rules necessary to the efficient management and control of the state penitentiary and all properties used in connection therewith. All rules of the board shall be subject to review of the legislature pursuant to sections 67-454 and 67-5291 , Idaho Code, but no other provisions of chapter 52, title 67 , Idaho Code, shall apply to the board, except as otherwise specifically provided by statute. When making rules required by this section, the board or the department shall submit the rules to the office of the state administrative rules coordinator in a format suitable to the office of the state administrative rules coordinator as provided in section 67-5202 , Idaho Code, and the board or department shall pay all the fees provided in section 67-5205 , Idaho Code. The office of the state administrative rules coordinator is authorized and shall publish the board or department’s rules in the administrative bulletin. Additionally, whenever the board or department desires to amend, modify or repeal any of its rules, it shall follow the procedure provided in this section. All rules or the amendment or repeal of rules shall be effective thirty (30) days after the date of publication by the office of the administrative rules coordinator. If the board determines that the rules need to be effective at a sooner date, they shall issue a proclamation indicating that the public health, safety and welfare is in jeopardy and, if the governor agrees, the rules shall be effective upon the governor signing the proclamation. (2) Rule as used in this section means the whole or a part of the board of correction or department of correction’s statement of general applicability that has been promulgated in compliance with the provisions of this section and that implements, interprets or prescribes: (a) Law or policy; or (b) The procedure or practice requirements of the board or department. The term includes the amendment, repeal, or suspension of an existing rule, but does not include: (i) Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public; or (ii) Declaratory rulings issued pursuant to statute or the board’s rules; or (iii) Intra-department memoranda; or (iv) Any written statements given by the department or board that pertain to an interpretation of a rule or to the documentation of complianc

20-214

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-214. Assistants and officers. The state board of correction shall have power and authority to employ, to specify the training, and to fix the duties of such assistants, officers and other persons necessary for the proper and efficient administration of the department of correction and the property used in connection therewith, for the administration of the parole and probation system, and generally for the carrying out of the provisions of this act, subject to the provisions of chapter 53, title 67 , Idaho Code. History: [20-214, added 1947, ch. 53, sec. 14, p. 59; am. 1974, ch. 6, sec. 4, p. 28; am. 2001, ch. 16, sec. 1, p. 20.]

20-216

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-216. Records, reports and statistics. (1) The board shall keep a record of and require reports from all persons on parole or probation and enforce observance of rules and regulations for parole or probation established by the commission or the courts. It shall prepare and publish reports and statistics relating to probation and parole and it shall submit to the governor, at such times as the governor may direct, but at least annually, a full and complete report of the board and its agents, showing the disposition of all cases coming before the board or the commission and such additional information relating thereto as the governor may request. (2) The board and the department of health and welfare shall submit a joint report to the legislature by January 15 each year analyzing: (a) The criminogenic needs of the active population of probationers and parolees; (b) Current funding available to deliver effective, evidence-based programming to address those needs; and (c) Any gap in funding to meet the treatment needs of all moderate and high-risk probationers and parolees. (3) By November 15, 2015, and biennially on November 15 thereafter, the board shall develop and deliver a report to the governor and the legislature on the programs to reduce recidivism that are funded by the state. Subject to the availability of moneys, the board may contract with an independent contractor or academic institution for this purpose. The report shall include an evaluation of the quality of each program and its likelihood to reduce recidivism among program participants and shall include a plan for program improvements by the board. The program evaluations shall ensure that treatment programs are delivering services in a way that aligns with the scientifically based research to reduce recidivism. Program evaluation shall be standardized and a validated program assessment tool shall be used. Each program evaluation shall include a site visit and interviews with key staff, interviews with offenders, group observation and file and material review. The information shall be compiled into a composite score indicating adherence to concepts that are linked with program effectiveness, such as program development, program procedures, staff, offender assessment, treatment processes and programs and quality assurance. Program evaluation should also include feedback to the program concerning strengths, weaknesses and recommendations for better adherence to scientifically based research and the principles of effective intervention. (4) For the purposes of this section: (a) Program means a treatment or intervention program or service that is intended to reduce the propensity of a person to commit crimes or improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services. Program does not mean or include an education

20-217A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-217A. Appointment of director — Salary — Powers and duties. The board shall appoint a director of correction, referred to in this chapter as the director, of the Idaho state penitentiary whose salary shall be determined and set by the board. The director shall be the chief administrative officer for the board and business manager of the penitentiary and the properties used in connection therewith. The director shall assume all the authority, powers, functions and duties as may be delegated to him by the board. History: [I.C., sec. 20-217A, as added by 1967, ch. 364, sec. 2, p. 1052; am. 1969, ch. 97, sec. 6, p. 329.]

20-218

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-218. Annual reports of receipts and expenditures. The state board of correction shall annually submit to the governor and the state budget officer a full, true, and correct report of all moneys received and expended by it for correctional services. History: [20-218, added 1947, ch. 53, sec. 18, p. 59; am. 1974, ch. 6, sec. 5, p. 28; am. 1980, ch. 297, sec. 3, p. 769.]

20-219

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-219. Probation and parole supervision and training — limited supervision — rulemaking. (1) The state board of correction shall be charged with the duty of: (a) Supervising all persons convicted of a felony placed on probation to the board; (b) Supervising all persons released from the state penitentiary on parole; (c) Supervising all persons convicted of a felony released on parole or probation from other states and residing in the state of Idaho; (d) Program delivery, as program is defined in section 20-216 , Idaho Code, to all persons under its probation or parole supervision based on individual criminal risk factors and specific needs; (e) Making such investigations as may be necessary; (f) Reporting alleged violations of parole in specific cases to the commission to aid in determining whether the parole should be continued or revoked; (g) Reporting alleged violations of the terms or conditions of probation in specific cases to the court and the prosecuting attorney to aid in determining whether the probation should be continued or revoked; (h) Preparing a case history record of the prisoners to assist the commission or the courts in determining if they should be paroled or should be released on probation; and (i) Supervising juveniles convicted as adults with a blended sentence pursuant to and in the manner described in section 19-2601A , Idaho Code. (2) Any person placed on probation or parole and who has been designated as a violent sexual predator pursuant to chapter 83, title 18 , Idaho Code, shall be monitored with electronic monitoring technology for the duration of the person’s probation or parole period. Any person who, without authority, intentionally alters, tampers with, damages, or destroys any electronic monitoring equipment shall be guilty of a felony. (3) The state board of correction shall have the discretion to determine the level of supervision of all persons under its supervision, except those who are being supervised by a problem solving court. Level of supervision includes the determination of the following: (a) The frequency, location, methods and nature of contact with the supervising officer; (b) Testing requirements and frequency; (c) Contact restrictions; (d) Curfew restrictions; and (e) Reporting requirements. (4) Subject to the availability of moneys, caseloads for supervising officers who are supervising offenders determined by the department of correction’s validated risk assessment to be high or moderate risk of rearrest should not exceed an average of fifty (50) offenders per supervising officer. (5) In carrying out its duty to supervise felony probationers and parolees, the state board of correction shall use evidence-based practices, shall target the offender’s criminal risk and need factors with appropriate supervision and intervention and shall focus resources on those identified by the board as moderate-risk and high-risk offende

20-219A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-219A. Impersonating a probation/parole officer, a presentence investigator or correctional officer — Official badge and identification card. (1) Any person who for himself or as an agent or representative of another in this state who shall unlawfully exercise or attempt to exercise the functions of, or hold themselves out to anyone as, a probation/parole officer, a presentence investigator or correctional officer, whether acting in his own behalf as an official of the court or correction, or as the authorized or unauthorized agent or representative of another, is punishable by a fine not exceeding five thousand dollars ($5,000)orimprisonmentinthecountyjailnotexceedingone(1)year,orboth.(2)Itisamisdemeanorforanypersonwhoisnotauthorizedandcommissionedbythedirectorofcorrection,towear,exhibitordisplayinpublicanofficialbadge,officialuniformofacorrectionalofficer,oridentificationcardofthedepartmentofcorrectionofthestateofIdaho,andispunishablebyafinenotexceedingfivethousanddollars($5,000), or imprisonment in the county jail not exceeding one (1) year, or both. History: [20-219A, added 1982, ch. 104, sec. 1, p. 285.]

20-220

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-220. Investigation and examination to precede probation or suspension of sentence. When a probation and parole officer is available to the court, no defendant shall be placed on probation until a written report of investigation by a parole and probation officer shall have been presented to and considered by the court, and no defendant charged with a felony or indictable offense shall be released under suspension of sentence without such investigation. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Whenever practicable, such investigation shall include a physical and mental examination of the defendant. If a defendant is committed to any institution, the probation officer shall send a report of such investigation to the institution at the time of commitment. History: [20-220, added 1947, ch. 53, sec. 20, p. 59.]

20-221

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-221. Modification of terms or conditions of probation or suspension of sentence — termination of probation. (1) By order duly entered the court may impose and may at any time modify any terms or conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the board of correction, to the prosecuting attorney and to the probationer. (2) Any party or the board of correction may submit to the court a request to modify the terms and conditions of probation for any probationer under the board’s supervision at any time during the period of probation. A request to modify the terms and conditions of probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406 , Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of the request to modify the terms and conditions of probation. Any responses to a request to modify shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to modify based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to modify. The court shall by written order rule on the request to modify within sixty (60) days of the date of submittal of the request. (3) Any party or the board of correction may submit to the court a request to terminate the probation for any probationer under the board’s supervision at any time during the period of probation. A request to terminate probation shall be supported by a statement attested to under oath or signed under penalty of perjury pursuant to section 9-1406 , Idaho Code, setting forth the facts upon which the request is based. The requesting party or the board, as the case may be, shall deliver a copy of the request and statement to all parties and to the board. The prosecuting attorney shall notify the victim of a request to terminate probation. Any responses to a request to terminate probation shall be filed within thirty (30) days of the date of submittal of the request. The court may, without a hearing, rule upon a request to terminate based on a review of the case, the request, the statement and any responses to the request, or may schedule a hearing on the request to terminate. The court shall rule on the request within sixty (60) days of the date of submittal of the request. A court order granting a request to terminate probation under this subsection shall be deemed a final discharge from the remaining period of probation. History: [20-221, added 1947, ch. 53, sec. 21, p. 59; am. 2014, ch. 150, sec. 10, p. 423.]

20-222

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-222. fixed period of probation or suspension of sentence — Rearrest and revocation. (1) The period of probation or suspension of sentence shall be fixed by the court and may at any time be extended or terminated by the court. Such period with any extension thereof shall not exceed the maximum period for which the defendant might have been imprisoned. (2) At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Thereupon the court, after summary hearing may revoke the probation and suspension of sentence and cause the sentence imposed to be executed, or may cause the defendant to be brought before it and may continue or revoke the probation, or may impose any sentence which originally might have been imposed at the time of conviction. In making a determination to continue or revoke probation and suspension of sentence, the court shall consider the defendant’s risks and needs and options for treatment in the community. History: [20-222, added 1947, ch. 53, sec. 22, p. 59; am. 1986, ch. 311, sec. 1, p. 762; am. 2014, ch. 150, sec. 11, p. 424.]

20-223

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-223. Parole — legislative intent — required report. (1) It is the intent of the legislature to focus prison space on those who commit the most serious offenses or who have the highest likelihood of offending in the future. (2) The department of correction and board shall assist the commission where required by law and, consistent with subsection (1) of this section, in carrying out the provisions of chapter 10, title 20 , Idaho Code. (3) The department of correction shall promulgate rules in consultation with the commission to prepare prisoners for parole. The department of correction shall create sufficient programming opportunities, such that lack of access to programming is not the primary cause in delaying parole eligibility. The department shall promulgate rules to include case plan development upon entry into prison and a current risk assessment before all parole hearings. (4) By February 1 of each year, the department of correction and the commission shall submit a report to the governor, the senate judiciary and rules committee, and the house of representatives judiciary, rules, and administration committee that describes the most common reasons for delay or denial of release, including statistical data supporting the conclusions of the report. History: [20-223, added 1980, ch. 297, sec. 6, p. 770; am. 1985, ch. 122, sec. 6, p. 302; am. 1986, ch. 232, sec. 5, p. 640; am. 1989, ch. 369, sec. 1, p. 926; am. 1993, ch. 106, sec. 1, p. 271; am. 1998, ch. 327, sec. 1, p. 1055; am. 1999, ch. 326, sec. 1, p. 834; am. 2000, ch. 368, sec. 3, p. 1221; am. 2006, ch. 251, sec. 1, p. 760; am. 2013, ch. 241, sec. 1, p. 569; am. 2014, ch. 150, sec. 12, p. 424; am. 2017, ch. 182, sec. 4, p. 418; am. 2021, ch. 196, sec. 6, p. 528.]

20-224

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-224. Information regarding prisoners to be secured. (1) Within six (6) months after his admission and at such intervals thereafter as it may determine, the board shall secure all pertinent available information regarding each prisoner, including the circumstances of his offense, his previous social history and criminal record, his conduct, employment and attitude in prison, and reports of such physical and mental examinations as have been made to assist the board in prescribing treatment for such person while in confinement and to assist the commission in its deliberations. The board and the commission shall attempt to inform themselves as to such inmate as a personality and may seek from the sentencing judge, prosecuting attorney, defense counsel and law enforcement authorities such information of which they may be possessed relative to the convicted person and the crime for which he was committed. An electronic recording or transcript of the comments and arguments required to be recorded by section 19-2515 , Idaho Code, shall be submitted to the board, made available to the commission, and shall be considered by the commission in making a parole or commutation decision with respect to the prisoner. (2) The board of correction shall use a validated risk assessment to determine, for each prisoner, the risk of reoffense and suitability for release. For purposes of this subsection, validated risk assessment means an actuarial tool that has been validated in Idaho to determine the likelihood of the prisoner engaging in future criminal behavior. The board shall select a research-based risk assessment and shall validate the accuracy of the risk assessment at least every five (5) years in consultation with the commission. Assessments shall be performed by department staff who are trained and certified in the use of the risk assessment. The commission shall promulgate rules in compliance with chapter 52, title 67 , Idaho Code, to ensure that risk assessment is used in determining parole, the benefit of holding a prisoner in prison to complete programming versus releasing the prisoner on parole to complete programming in the community and in setting conditions for parole supervision. History: [20-224, added 1947, ch. 53, sec. 24, p. 59; am. 1980, ch. 297, sec. 7, p. 771; am. 1984, ch. 230, sec. 2, p. 551; am. 2014, ch. 150, sec. 13, p. 426.]

20-225

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-225. Payment for cost of supervision. Any person under state probation or parole supervision shall be required to contribute not more than seventy-five dollars ($75.00) per month as determined by the board of correction. Costs of supervision are the direct and indirect costs incurred by the department of correction to supervise probationers and parolees, including tests to determine drug and alcohol use, books and written materials to support rehabilitation efforts, and monitoring of physical location through the use of technology. Any failure to pay such contribution shall constitute grounds for the revocation of probation by the court or the revocation of parole by the commission for pardons and parole. The division of probation and parole in the department of correction may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist: (1) The offender has diligently attempted but been unable to obtain employment. (2) The offender has a disability affecting employment, as determined by a physical, psychological or psychiatric examination acceptable to the division of probation and parole. Money collected as a fee for services will be placed in the probation and parole receipts revenue fund, which is hereby created in the dedicated fund in the state treasury, and utilized to provide supervision for clients. Moneys in the probation and parole receipts revenue fund may be expended only after appropriation by the legislature. This section shall not restrict the court from ordering the payment of other costs and fees that, by law, may be imposed on persons who have been found guilty of or have pled guilty to a criminal offense, including those who have been placed on probation or parole. History: [20-225, added 1984, ch. 187, sec. 1, p. 437; am. 2003, ch. 130, sec. 1, p. 383; am. 2005, ch. 68, sec. 1, p. 233; am. 2010, ch. 235, sec. 8, p. 548; am. 2011, ch. 73, sec. 1, p. 155; am. 2012, ch. 109, sec. 3, p. 299.]

20-225A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-225A. Payment for interstate compact application. (1) Any person under state probation or parole supervision who applies for a transfer of supervision to another state shall be required to post an application fee not to exceed one hundred dollars ($100). (2) Money collected as a fee for services and compact administration shall be placed in the probation and parole receipts account, which is hereby created in the dedicated fund in the state treasury, and shall be utilized to provide supervision for offenders. Moneys in the probation and parole receipts account may be expended only after appropriation by the legislature. History: [20-225A, added 2003, ch. 25, sec. 1, p. 95.]

20-226

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-226. Records of prisoners. The state board of correction shall cause a complete record to be kept of every prisoner committed to its custody. Such record shall be organized in accordance with the most modern method of filing and indexing so that there will always be immediately available a complete history on each prisoner. Such records shall be subject to disclosure according to chapter 1, title 74 , Idaho Code. History: [20-226, added 1947, ch. 53, sec. 26, p. 59; am. 1970, ch. 143, sec. 9, p. 425; am. 1990, ch. 213, sec. 15, p. 500; am. 2015, ch. 141, sec. 23, p. 404.]

20-227

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-227. Arrest of parolee, probationer or person under drug court or mental health court supervision without warrant — Agent’s warrant — Detention — Report to commission or court. (1) Any parole or probation officer may arrest a parolee, probationer, or person under drug court or mental health court supervision without a warrant, or may deputize any other officer with power of arrest to do so, by giving such officer a written statement hereafter referred to as an agent’s warrant, setting forth that the parolee, probationer, or person under drug court or mental health court supervision has, in the judgment of said parole or probation officer, violated the conditions of drug court or mental health court or conditions of his parole or probation. The provisions of this section shall apply where the court has provided for the service of discretionary jail time. (2) Such written statement or agent’s warrant, delivered with the parolee, probationer, or person under drug court or mental health court supervision by the arresting officer to the official in charge of the institution from which the parolee was released, the county jail or other place of detention, shall be sufficient warrant for the detention of the probationer, parolee, or person under drug court or mental health court supervision. (3) The agent’s warrant issued by the parole or probation officer shall be sufficient authorization for a local law enforcement officer to transport the probationer, parolee, or person under drug court or mental health court supervision to the appropriate jurisdiction to be housed pending appearance before the sentencing court or the commission. (4) The parole and probation officer shall at once notify the commission, or the court, of the arrest and detention of the parolee, probationer, or person under drug court or mental health court supervision, and shall submit in writing a report showing in what manner the parolee, probationer, or person under drug court or mental health court supervision is alleged to have violated the condition of his or her parole, probation, or drug court or mental health court program. When a probationer is arrested pursuant to an agent’s warrant, the supervising officer shall provide the prosecuting attorney with a copy of the notice of arrest and the report. (5) In counties where there are misdemeanor probation officers in addition to department of correction parole or probation officers, those officers shall have the same authority conferred upon department of correction parole or probation officers in this section to arrest a misdemeanor probationer without a warrant for misdemeanor probation violations occurring in the officer’s presence as otherwise provided in this section. (6) When a probationer has been arrested by the supervising officer without a warrant or pursuant to an agent’s warrant, the supervising officer shall submit to the court, to the prose

20-228A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-228A. Parole subpoena to assist in apprehending parole absconders. For the purpose of assisting with apprehending individuals on parole who have absconded and for whom the parole commission has issued a warrant of arrest, the director of the department of correction shall have power to issue a subpoena duces tecum to compel the production of writings, documents or records of any type or form, specifically including those stored or transmitted by any electronic or wireless means. If any person or entity to whom such subpoena is directed refuses to produce the documents, writings or records sought, as directed, within seven (7) days of receipt of the subpoena, the director may apply to the district court of the county where the records are located for an order compelling such person or entity to comply with the subpoena. Failure to obey such order may be punished by the court as a contempt thereof. History: [20-228A, added 2004, ch. 296, sec. 1, p. 826.]

20-230

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-230. Application to convictions prior to act . Provisions of this act so far as applicable thereto are to apply to all convicted persons now serving time in the state penitentiary to the end that at all times the same provisions relating to sentences, imprisonment, and paroles of prisoners shall apply to the inmate thereof. History: [20-230, added 1947, ch. 53, sec. 30, p. 59; am. 1980, ch. 297, sec. 13, p. 773.]

20-235

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-235. Certification and warrants for expenses. The chairman of the state board of correction, or his designee, is hereby authorized to certify all sums to be expended by said board in carrying out the purpose of this act to the state board of examiners, and the state board of examiners, upon the approval of said sums, shall cause the state controller to draw warrants for the amount of the same. History: [20-235, added 1947, ch. 53, sec. 35, p. 59; am. 1974, ch. 6, sec. 7, p. 28; am. 1994, ch. 180, sec. 12, p. 429.]

20-236

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-236. Members or employees of board not to be interested in contracts — Penalty for violation. No member or employee of the state board of correction shall be interested directly or indirectly in any manner in contracts for furnishing the penitentiary or any property used in connection therewith or inmates thereof, any supplies, materials, equipment, or for the use of said institution. Nor shall any officer or employee be permitted to receive in any way perquisites for themselves or family, or any compensation or reward from any contractor or employee or other person. Should any officer or employee violate, or wilfully or negligently fail to observe the provisions and prohibitions of this section, he shall be at once dismissed from office by the state board of correction; and further, upon conviction of such violation by a court of competent jurisdiction, he shall be fined a sum not exceeding $1,000.00 and not less than one month’s pay, and shall forfeit his interest in any and all contracts or rewards he may have received or agreed to receive in violation of the provisions of this section. History: [20-236, added 1947, ch. 53, sec. 36, p. 59.]

20-237

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-237. Transmission of convicted persons to penitentiary or custody of board — Notice of conviction to director — Transported by guards — Time for notice. When any person is convicted in any court of the state and sentenced to imprisonment and committed to the custody of the state board of correction, or sentenced to suffer the death penalty, the sheriff of the county in which such conviction shall have been had shall immediately, upon passing of sentence, notify the director that a person is in his custody. Such notice shall be transmitted by either telegraph or telephone, followed by a written confirmation by certified mail. As soon as possible upon receipt of such notice, the director shall dispatch one or more correctional officers, as may be necessary, from the department to the place where the convicted person is detained, to secure and convey said convicted person to any department of correction facility, or other facility within the state designated by the state board of correction. The convicted person, a certified copy of the judgment, a copy of the presentence investigation report, if any, a copy of any disciplinary reports filed against the convicted person while in the sheriff’s custody and all of the additional documents and allowable personal property, including medications as set forth in section 20-243 , Idaho Code, shall be delivered into the custody of the director or his representative at the time of or prior to the delivery of the convicted person to the department. If all such records, documents, and property are not delivered at that time, the director or his representative may refuse to accept or transport the convicted person to a department facility. History: [20-237, added 1947, ch. 53, sec. 37, p. 59; am. 1967, ch. 364, sec. 3, p. 1052; am. 1969, ch. 419, sec. 7, p. 1160; am. 1970, ch. 143, sec. 11, p. 425; am. 1991, ch. 116, sec. 1, p. 245.]

20-237A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-237A. Funding per diem costs of state prisoners housed in county jails, related additional expenses and manner of payment. (1) The board of correction shall pay each county for housing prisoners convicted, sentenced and committed to the custody of the state board of correction, including probationers and parolees committed to a county jail under section 20-219 (7)(b), Idaho Code, beginning on the day after receipt by the director of notice that a person is in custody, as provided in section 20-237 , Idaho Code. (2) The state board of correction shall pay counties housing state-sentenced prisoners a minimum rate of fifty-five dollars ($55.00)perdayperinmateforthefirstseven(7)daysofcustodyandseventy-fivedollars($75.00) per day per inmate thereafter. Nothing stated herein will prohibit the state board of correction from entering into a contract with a county pursuant to section 20-241 , Idaho Code. (3) In addition to payment of per diem costs as provided in this section, the state board of correction shall pay for all ordinary and necessary medical and dental expenses of state prisoners housed in county jails. (4) As between themselves, the state board of correction and each of the counties will be responsible for their pro rata share of any property damages or personal injuries arising from the housing of state-sentenced prisoners, which is attributable to their respective negligence or otherwise wrongful conduct. This provision shall not alter or affect any immunities or exceptions to governmental liability the state or counties may possess as to private persons pursuant to the Idaho tort claims act, chapter 9, title 6 , Idaho Code. (5) The legislature shall appropriate sufficient funds annually to the department of correction to make all payments to counties as required in this section. (6) The county sheriffs shall bill the department of correction at least every sixty (60) days. The department of correction shall pay such bills within sixty (60) days of their receipt. (7) The germane committees of the legislature shall review the costs of housing inmates in county jails every three (3) years beginning in 2004. History: [20-237A, added 1992, ch. 80, sec. 1, p. 221; am. 2000, ch. 135, sec. 1, p. 354; am. 2014, ch. 239, sec. 1, p. 603; am. 2015, ch. 103, sec. 1, p. 246; am. 2018, ch. 122, sec. 1, p. 259.]

20-237B

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-237B. Medical costs of state prisoners housed in correctional facilities. (1) The state board of correction or any privatized medical provider under contract with the department of correction shall pay to a provider of a medical service, other than hospital inpatient or outpatient services, for any and all prisoners, committed to the custody of the department of correction, confined in a correctional facility, as defined in section 18-101A (1), Idaho Code, an amount equal to the reimbursement rates of the Idaho medicaid reimbursement fee schedule in place at the time services are provided. Hospitals shall be paid for inpatient and outpatient facility services provided to such prisoners in an amount equal to the interim Idaho medicaid rates in place at the time of service except for outpatient services paid by Idaho medicaid according to the Idaho medicaid fee schedule. These limitations apply to all medical care services provided outside the facility, including inpatient and outpatient hospitalizations, emergency services, professional services, durable and nondurable goods, prescription drugs and medications provided to any and all prisoners confined in a correctional facility, as defined in section 18-101A (1), Idaho Code. For services that are not included in the Idaho medicaid fee schedule or the interim Idaho medicaid rates, the state board of correction or any privatized medical provider under contract with the department of correction shall pay the reasonable value of such service. If a privatized medical provider is contracted with the department of correction, no hospital or any medical services provider shall be required to provide medical services to prisoners, except for emergency hospital services, in the absence of a contract between the privatized medical provider and the hospital or medical services provider. Any contract between the department of correction and a privatized medical provider must contain a requirement that the privatized medical provider enter into contracts with each hospital providing non-emergency services outside of the correctional facility. The contract between the privatized medical provider and the department of correction shall require, and the contracts between the privatized medical provider and any hospital or non-hospital providers shall include, at least the following terms reasonably and practicably consistent with those used by Idaho medicaid: (a) Claims adjudication processing; (b) Timing; (c) Payment; (d) Authorizations; (e) Utilization review; (f) Audit; and (g) Appeals processes. (2) Subsection (1) of this section shall apply only to companies, professional associations and other health care service entities whose services are billed directly to the department of correction or any privatized medical provider under contract with the department of correction. Subsection (1) of this section shall not apply to: (a) Privat

20-238

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-238. Clothing and transportation to be furnished prisoners upon parole or final discharge. Upon the release of any convicted person upon parole the state board of correction shall provide him or her with necessary wearing apparel and may also provide him or her with a bus or railroad transportation ticket to the place designated for parole, together with sufficient cash to procure meals in transit. Upon final discharge from the penitentiary, the board shall provide the convicted person with similar clothing and may furnish transportation and cash for meals to his home, or to the place from which the convicted person was committed to the penitentiary. History: [20-238, added 1947, ch. 53, sec. 38, p. 59.]

20-239

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-239. Discharge upon service of maximum term. Any convicted person undergoing sentence in the penitentiary not sooner released under the provisions of this chapter, shall in accordance with the provisions of existing law, be discharged from custody upon serving a maximum sentence provided by law for the offense of which such person was convicted, or the maximum term fixed by the court where the law does not provide for a maximum term. Provided however, if the date of discharge from custody falls on a Saturday, Sunday or legal holiday, then the person may be discharged from custody on the last weekday immediately preceding such Saturday, Sunday or legal holiday. History: [20-239, added 1947, ch. 53, sec. 39, p. 59; am. 2007, ch. 32, sec. 1, p. 74.]

20-239A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-239A. Release upon grant of parole. Any convicted person undergoing sentence in the penitentiary who has a parole eligibility date which falls on a Saturday, Sunday or legal holiday may be granted a parole release date by the Idaho commission for pardons and parole which falls on the last weekday immediately preceding such Saturday, Sunday or legal holiday. History: [20-239A, added 2008, ch. 42, sec. 1, p. 99.]

20-241

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-241. Acceptance of federal or other funds or property. The state board of correction, with the written consent of the governor, shall have the power and it shall be its duty: 1. To accept from the United States of America or any of its agencies, such funds, equipment, and supplies as may be made available to this state for any of the purposes contemplated by law, and to enter into such contract and agreements with the United States or any of its agencies, or other states, as may be necessary, proper and convenient, not contrary to the laws of the state. 2. To enter into an agreement with the board of county commissioners of any county, or with the governing officials of any municipality of this state for the payment by said county or municipality of all or any part of the cost of performance by the state board of correction of any parole or probation services or the supervision of any parole or probation case arising within the said county or municipality, as the case may be, or the maintenance therein of work camps as authorized by law. 3. To accept any grant or donation of land or any gift of money or valuable thing made to the state for any of the purposes contemplated by law. History: [20-241, added 1947, ch. 53, sec. 41, p. 59; am. 1970, ch. 143, sec. 12, p. 425; am. 1997, ch. 223, sec. 2, p. 656.]

20-241A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-241A. Agreements for confinement of inmates. The state board of correction shall have the power and it shall be its duty: (1) To determine the availability of state facilities suitable for the detention and confinement of prisoners held under authority of state law. If the state board of correction determines that suitable state facilities are not available, it may enter into an agreement with the proper authorities of the United States, another state, a political subdivision of this state or another state, or a private prison contractor, to provide for the safekeeping, care, subsistence, proper government, discipline, and to provide programs for the reformation, rehabilitation and treatment of prisoners. Facilities made available to the state board of correction by agreement may be in this state, or in any other state, territory or possession of the United States. The state board of correction shall not enter into an agreement with an authority unable to provide the degree or kind of safekeeping, care and subsistence required by state or federal laws, the constitution of the state of Idaho, the United States constitution, and the rules adopted by the state board of correction. All contracts or agreements entered into by the state board of correction and a private prison contractor shall be subject to the provisions of this section and section 20-209 , Idaho Code. (a) An authority or private prison contractor, receiving physical custody for the purpose of incarceration of a person sentenced by a court under the terms of an agreement made under this section, shall be considered as acting solely as an agent of this state. This state retains jurisdiction over a person incarcerated in an institution of another state, the United States, a political subdivision of this state or another state, or of a private institution; (b) The attorney general of this state shall enforce an agreement or contract made under this section in a civil suit. (2) The state board of correction shall have the authority to enter into contracts with private prison contractors for the site selection, design, design/building, acquisition, construction, construction management, maintenance, leasing, leasing/purchasing, management or operation of private prison facilities or any combination of these services, subject to the following requirements and limitations: (a) Any request for proposals, any original contract, any contract renewal, any price or cost adjustment or any other amendment to any contract for the incarceration of individuals in a private institution, shall be reviewed by the board of correction; (b) No contract authorized by the provisions of this section shall be awarded until the private prison contractor demonstrates to the satisfaction of the state board of correction that the contractor possesses the necessary qualifications and experience to provide the services specified in the cont

20-242

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-242. Furlough. (1) When a person is committed to the custody of the state board of correction, the board may, upon conditions which it may impose, direct that the person be permitted to continue in his regular employment, work project, or educational program, if that is compatible with the requirements of subsection (3) of this section, or may authorize the person to secure employment for himself. (2) If the board directs that the prisoner be permitted to continue in his regular employment or education, the board shall arrange for a continuation of the employment or education so far as possible without interruption. If the prisoner does not have regular employment, and the board has authorized the prisoner to secure employment for himself, the prisoner may do so, and the board may assist him in doing so. A prisoner who secures employment with a private employer shall receive the same salary range offered to other similarly situated employees based on experience, education, and other qualifications. An employed prisoner shall have available to him all the benefits offered to other similarly situated employees, such as health care benefits, paid leave, flexible spending accounts, and life insurance. If an employed prisoner elects to participate in an optional benefit, he shall have the same financial responsibility as his coworkers to pay for insurance premiums and copayments for services received. Employed prisoners who elect private health insurance shall list the board as a secondary payer. (3) Whenever the prisoner is not employed and between the hours or periods of employment, work project, or schooling, he shall be domiciled in a jail, facility, or residence as directed by the board of correction. (4) The earnings of the prisoner shall be retained by the prisoner under such terms and conditions as the board may impose. From such earnings the board may require that: (a) The prisoner pay an amount to the board of correction sufficient for the prisoner’s board and personal expenses, both inside and outside the jail, facility, or residence, including costs of administering such prisoner’s work furlough program; (b) The prisoner provide for the reasonable and adequate support and maintenance of the prisoner’s dependents; (c) The prisoner pay preexisting debts; (d) The prisoner deposit earnings in a financial institution. (5) If the prisoner violates the conditions established for his conduct, custody or employment, the board may order the balance of the prisoner’s sentence to be spent in actual confinement. (6) The willful failure of a prisoner to return to the place of confinement no later than the expiration of any period during which he is authorized to be away from the place of confinement under this section is an escape from the place of confinement and is punishable as provided by section 18-2505 , Idaho Code. (7) A furlough may be revoked by the board at any time

20-242A

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-242A. Inmate incentive pay. The board of correction is hereby authorized to institute an incentive pay program for those inmates performing work at the direction of the board of correction in jobs not associated with correctional industry employment. Such compensation, if any, shall be in accordance with a graduated schedule based on quantity and quality of work performed and skill required for its performance. Nothing in this section is intended to restore, in whole or in part, the civil rights of any inmate. No inmate compensated under this section shall be considered an employee of the state or the board of correction, nor shall any inmate be eligible for worker’s compensation under title 72 , Idaho Code, or be entitled to any benefits thereunder whether on behalf of himself or any other person. History: [20-242A, added 1970, ch. 16, sec. 1, p. 31; am. 1972, ch. 234, sec. 1, p. 615; am. 2015, ch. 111, sec. 1, p. 279.]

20-243

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-243. Delivery of convicted person to penitentiary or board — Copy of commitment — Receipt for delivery of prisoner. When any convicted person is delivered to the penitentiary or to the custody of the board of correction, the officer having the prisoner in charge shall deliver to the state board of correction or such official, as the board may designate: (1) A certified copy of the commitment received by such officer from the clerk of the court where the convicted person was tried, and such certified copy of the commitment shall be evidence of the fact therein contained; (2) A copy or summary of such medical records of the prisoner as may have been prepared or received by the agency or institution from whose custody the prisoner is being delivered, including at least a written report of any suicide attempts, abnormal behavior, seizures or other significant facts affecting the prisoner’s medical condition which were observed during his confinement prior to the delivery; (3) All unused portions of medications prescribed to the prisoner while in custody and any legitimate prescription medication in the prisoner’s possession when taken into custody; and shall take from such official a certificate of the delivery of such convicted person. History: [20-243, added 1947, ch. 53, sec. 43, p. 59; am. 1970, ch. 143, sec. 14, p. 425; am. 1982, ch. 98, sec. 1, p. 277.]

20-244

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-244. Government and discipline of the correctional facility — Rules and regulations. The state board of correction shall make and adopt such rules and regulations for the government and discipline of the correctional facility as they may consider expedient, and from time to time, change and amend the same as circumstances may require. A printed copy of the rules and regulations shall be furnished to every officer and guard at the time he is appointed, and so much thereof as relates to the duties and obligations of the convicted persons shall be given to the convicted person upon reception at the state’s correctional institutions. History: [20-244, added 1947, ch. 53, sec. 44, p. 59; am. 1984, ch. 178, sec. 1, p. 425.]

20-245

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-245. Offender labor on state and community service projects. (1) Offender labor on state projects. The state board of correction shall have the authority to use, under such rules as they may prescribe, the labor of offenders either within or without the walls of the penitentiary and on all public works done under the direct control of the state; that offender labor under control of the state board of correction shall manufacture and repair state highway signs, except for highways and projects where federal regulations would prohibit the use of signs so manufactured; provided, that so far as practicable any manufacture conducted within the walls shall be in connection with metal motor license plates, road or street signs furnished by the state or used by its municipalities, wearing apparel, articles and containers, for state use in the various departments or institutions of the state not for sale upon the open market. When any product produced by the offender shall be used by any department or other institution of the state, the current appropriation shall receive from such department or institution such reimbursement therefor as may be fixed by the state board of correction with the approval of the state board of examiners. (2) Offender labor on community service projects. The state board of correction shall have the authority to assign parolees under department of correction supervision, probationers under court order or department of correction supervision and offender residents of community work centers under the direction or order of the board of correction, as community service workers as set forth in section 72-102 (5), Idaho Code. The state board of correction shall have the authority to charge offenders performing community service work an hourly fee in an amount to be determined by the state insurance fund, to be remitted to the state insurance fund for purposes of providing worker’s compensation insurance for parolees, probationers or community work center residents assigned as community service workers. History: [20-245, added 1947, ch. 53, sec. 45, p. 59; am. 1957, ch. 207, sec. 1, p. 434; am. 2004, ch. 149, sec. 2, p. 483; am. 2006, ch. 206, sec. 3, p. 633; am. 2021, ch. 82, sec. 3, p. 271.]

20-246

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-246. Penitentiary — Powers of board of correction. All transactions and dealings of the state penitentiary and its properties shall be conducted in the name of the board of correction. The board shall be capable in law of suing in all courts and places in all matters concerning the said penitentiary and is hereby authorized to sue for and recover all sums of money or property due from any person to the people of the state on account of said penitentiary. History: [20-246, added 1949, ch. 67, sec. 1, p. 113; am. 1969, ch. 419, sec. 9, p. 1160.]

20-247

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-247. Transfer of prisoner to federal penal or correctional institution. Any person committed to the state penitentiary whose presence may be seriously detrimental to the well-being of the state penitentiary or who wilfully and persistently refuses to obey the rules and regulations of the state penitentiary or who is considered an incorrigible inmate may, upon written certification from the state board of correction, be transferred to a federal penal or correctional institution, provided the attorney general of the United States accepts such application and transfer. History: [20-247, added 1963, ch. 107, sec. 1, p. 329.]

20-248

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-248. Contract for care of transferred prisoner. The state board of correction is hereby authorized to contract with the attorney general of the United States or such officer as the Congress may designate under the provisions of title 18, section 5003 of the United States Code, and acts supplementary and amendatory thereof, in each individual case for the care, custody, subsistence, education, treatment and training of any prisoner transferred under the provisions of this act. The contract shall provide for the reimbursement of the United States in full for all costs or other expenses to be paid from the appropriation for the operation of the state penitentiary. The state board of corrections shall affix to such contract a copy of the commitment or commitments under which the prisoner is held and the same along with the contract of transfer shall be sufficient authority for the United States to hold said prisoner on behalf of the state of Idaho. History: [20-248, added 1963, ch. 107, sec. 2, p. 329.]

20-249

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-249. Transferred prisoner subject to terms of original sentence. Any prisoner transferred under this act shall be subject to the terms of his original sentence or sentences as if he were serving the same within the confines of the Idaho state penitentiary. Nothing herein contained shall deprive such prisoner of his rights to parole or his rights to legal process in the courts of this state. History: [20-249, added 1963, ch. 107, sec. 3, p. 329.]

20-250

TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 2 STATE BOARD OF CORRECTION 20-250. Department of correction reporting requirements. The department of correction shall report to the legislature by February 1 of each year on the amount of savings generated and on the prison population impact under the policy framework of this act for the purpose of tracking the progress toward meeting the impact estimates and goals of the act. History: [20-250, added 2014, ch. 150, sec. 20, p. 431.]