Print Friendly HOUSE BILL NO. 716 – Habeas corpus/institutnl litigation
HOUSE BILL NO. 716
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H0716................................by JUDICIARY, RULES AND ADMINISTRATION
HABEAS CORPUS - Repeals and adds to existing law to enact the "Habeas
Corpus and Institutional Litigation Reform Act," to provide jurisdiction to
consider petitions for writ of habeas corpus, to provide who may petition
for writ of habeas corpus, to provide for application for writ of habeas
corpus, to provide that the petitioner is required to exhaust
administrative remedies, to provide general procedures in habeas corpus
proceedings, to provide discovery in habeas corpus proceedings, to provide
contents of a writ of habeas corpus, to provide injunctive relief, to
provide appointment of a special master in conditions of confinement cases,
to provide for termination of injunctive relief, to provide settlements and
consent decrees in conditions of confinement cases, to provide for
successive claims, to provide that the right of access to court is not
expanded and to provide a bonding requirement for civil actions brought
against correctional and jail officials and employees.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 716
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO HABEAS CORPUS; REPEALING CHAPTER 42, TITLE 19, IDAHO CODE; AMEND-
3 ING TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 42, TITLE 19,
4 IDAHO CODE, TO ESTABLISH THE HABEAS CORPUS AND INSTITUTIONAL LITIGATION
5 REFORM ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE JURISDICTION TO CONSIDER
6 PETITIONS FOR WRIT OF HABEAS CORPUS, TO PROVIDE WHO MAY PETITION FOR WRIT
7 OF HABEAS CORPUS, TO PROVIDE FOR APPLICATION FOR WRIT OF HABEAS CORPUS BY
8 A PERSON WHO IS NOT A PRISONER, TO PROVIDE APPLICATION FOR WRIT OF HABEAS
9 CORPUS BY A PRISONER, TO PROVIDE THAT THE PETITIONER IS REQUIRED TO
10 EXHAUST ADMINISTRATIVE REMEDIES IN CONDITIONS OF CONFINEMENT AREAS, TO
11 PROVIDE APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF A PERSON, TO
12 PROVIDE GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS, TO PROVIDE
13 PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS, TO PROVIDE DIS-
14 COVERY IN HABEAS CORPUS PROCEEDINGS, TO PROVIDE CONTENTS OF THE WRIT OF
15 HABEAS CORPUS, TO PROVIDE INJUNCTIVE RELIEF AVAILABLE TO A PERSON WHO IS
16 NOT A PRISONER, TO PROVIDE RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS
17 DURING THE COURSE OF REVOCATION OF PAROLE, TO PROVIDE RELIEF AVAILABLE FOR
18 MISCALCULATION OF SENTENCE, TO PROVIDE RELIEF AVAILABLE FOR LOSS OF GOOD
19 TIME CREDITS, TO PROVIDE RELIEF AVAILABLE FOR DETAINERS, TO PROVIDE
20 INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTIONALIZED PER-
21 SONS IN CONDITIONS OF CONFINEMENT CASES, TO PROVIDE APPOINTMENT OF A SPE-
22 CIAL MASTER IN CONDITIONS OF CONFINEMENT CASES, TO PROVIDE FOR TERMINATION
23 OF INJUNCTIVE RELIEF IN CONDITIONS OF CONFINEMENT CASES, TO PROVIDE FOR
24 IMMEDIATE TERMINATION OF PROSPECTIVE RELIEF IN CONDITIONS OF CONFINEMENT
25 CASES, TO PROVIDE FOR SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF
26 CONFINEMENT CASES, TO PROVIDE FOR SUCCESSIVE CLAIMS, TO PROVIDE THAT A
27 PRIOR SHOWING IS REQUIRED, TO PROVIDE THAT THE RIGHT OF ACCESS TO COURT IS
28 NOT EXPANDED, TO PROVIDE A BONDING REQUIREMENT FOR CIVIL ACTIONS BROUGHT
29 AGAINST CORRECTIONAL AND JAIL OFFICIALS AND EMPLOYEES, TO PROVIDE FOR
30 ABROGATION OF COMMON LAW AND TO PROVIDE THAT A LIBERTY INTEREST IS NOT
32 Be It Enacted by the Legislature of the State of Idaho:
33 SECTION 1. That Chapter 42, Title 19, Idaho Code, be, and the same is
34 hereby repealed.
35 SECTION 2. That Title 19, Idaho Code, be, and the same is hereby amended
36 by the addition thereto of a NEW CHAPTER , to be known and desig-
37 nated as Chapter 42, Title 19, Idaho Code, and to read as follows:
38 CHAPTER 42
39 HABEAS CORPUS AND INSTITUTIONAL LITIGATION REFORM ACT
40 19-4201. SHORT TITLE. Sections 19-4201 through 19-4227, Idaho Code, shall
41 be known and may be cited as the "Idaho Habeas Corpus and Institutional Liti-
1 gation Reform Act."
2 19-4202. JURISDICTION TO CONSIDER PETITIONS FOR WRIT OF HABEAS CORPUS.
3 The following courts of this state shall have original jurisdiction to con-
4 sider a petition for writ of habeas corpus, grant the writ and/or order relief
5 under this chapter:
6 (1) The supreme court; or
7 (2) The district court of the county in which the petition is filed.
8 19-4203. WHO MAY PETITION FOR A WRIT OF HABEAS CORPUS. (1) Any person,
9 not a prisoner as defined in section 31-3220A(1)(d), Idaho Code, who believes
10 himself to be unlawfully restrained of his liberty in this state may file a
11 petition for writ of habeas corpus to request that the court inquire into the
12 cause and/or legality of such restraint.
13 (2) A prisoner, as defined in section 31-3220A(1)(d), Idaho Code, and who
14 is restrained of his liberty in this state, may file a petition for writ of
15 habeas corpus to request that a court inquire into state or federal constitu-
16 tional questions concerning:
17 (a) The conditions of his confinement;
18 (b) Revocation of parole;
19 (c) Miscalculation of his sentence;
20 (d) Loss of good time credits;
21 (e) A detainer lodged against him.
22 (3) Habeas corpus shall not be used as a substitute for, or in addition
23 to, a direct appeal of a criminal conviction or proceedings under Idaho crimi-
24 nal rule 35 or the uniform post-conviction procedures act, chapter 49, title
25 19, Idaho Code, and the statutes of limitations imposed therein.
26 (4) Habeas corpus shall not be used as a substitute for or in addition to
27 proceedings available in child custody matters and proceedings under the Idaho
28 domestic violence crime prevention act, chapter 63, title 39, Idaho Code.
29 (5) Habeas corpus is an individual remedy only.
30 19-4204. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRIS-
31 ONER. (1) Application for a writ of habeas corpus by a person not a prisoner
32 shall be made by filing a petition for writ of habeas corpus in the district
33 court of the county in which the person is restrained.
34 (2) The petition must be verified by the oath or affirmation of the party
35 making application for the writ and shall specify:
36 (a) That the person is unlawfully restrained of his liberty;
37 (b) The identity and address of the person restraining the subject of the
39 (c) The name and address of the place in which the person is restrained;
41 (d) A description of the facts which make the restraint illegal.
42 (3) Application under this section may be made by a guardian on behalf of
43 a minor or by a guardian on behalf of an incapacitated person as defined in
44 section 15-5-101, Idaho Code.
45 19-4205. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER. (1) Appli-
46 cation for a writ of habeas corpus by a prisoner shall be made by filing a
47 petition for writ of habeas corpus in the district court of the county in
48 which the prisoner claims to be subjected to state or federal constitutional
49 violations, as provided in subsections (2)(a) through (2)(e) of this section.
50 (2) The petition must be verified by the oath or affirmation of the pris-
51 oner making application and shall specify that the prisoner is alleging state
1 or federal constitutional violations concerning:
2 (a) The conditions of his confinement;
3 (b) The revocation of his parole;
4 (c) Miscalculation of his sentence;
5 (d) Loss of good time credits; or
6 (e) A detainer lodged against him.
7 (3) A petition filed by a prisoner under subsections (1) and (2) of this
8 section shall also specify:
9 (a) The identity and address of the person or officer whom the prisoner
10 believes is responsible for the alleged state or federal constitutional
11 violations, and shall name such persons identified individually as
13 (b) The name, if any, and address of the place in which the prisoner is
15 (c) The name and address of the place in which the prisoner claims the
16 constitutional violation under subsections (2)(a) through (2)(e) of this
17 section occurred; and
18 (d) A short and plain statement of the facts underlying the alleged state
19 or federal constitutional violation.
20 (4) The state of Idaho, any of its political subdivisions, or any of its
21 agencies shall not be named as respondents in a prisoner petition for writ of
22 habeas corpus.
23 19-4206. PETITIONER REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDI-
24 TIONS OF CONFINEMENT CASES. (1) No petition for writ of habeas corpus or any
25 other civil action shall be brought by any person confined in a state or
26 county institution, prison or jail, with respect to conditions of confinement
27 until all available administrative remedies have been exhausted. If the insti-
28 tution, prison or jail does not have a system for administrative remedy, this
29 requirement may be waived.
30 (2) At the time of filing, the petitioner shall submit together with the
31 petition for writ of habeas corpus a true, correct and complete copy of any
32 documentation which demonstrates that he has exhausted administrative remedies
33 described in subsection (1) of this section.
34 (3) If at the time of filing the petition for writ of habeas corpus the
35 petitioner fails to also submit a true, correct and complete copy of any docu-
36 mentation which demonstrates that he has exhausted state or county institution
37 or prison or jail administrative remedies, the court shall dismiss the peti-
38 tion with or without prejudice.
39 19-4207. APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF A PERSON. (1)
40 A petition for writ of habeas corpus may be filed by another only on behalf of
41 a person who is a minor, or on behalf of a person who is incapacitated pursu-
42 ant to section 15-5-101, Idaho Code.
43 (2) A petition for writ of habeas corpus filed under this section must
44 meet the requirements of section 19-4204, Idaho Code, for a person not a pris-
45 oner or section 19-4205, Idaho Code, for a prisoner.
46 19-4208. GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS. Habeas
47 corpus proceedings shall be considered civil actions. To the extent that the
48 Idaho rules of civil procedure and other Idaho laws governing civil actions
49 are not inconsistent with this chapter, they shall apply to proceedings pursu-
50 ant to a petition for writ of habeas corpus.
51 19-4209. PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS. (1) The
1 court may dismiss with prejudice a petition for writ of habeas corpus under
2 this section, in whole or in part, prior to service of the petition on the
3 respondent, if the court finds:
4 (a) The petition is frivolous as defined in section 12-122, Idaho Code;
5 (b) The petition has been brought maliciously;
6 (c) The petition has been brought in whole or in part to harass a
7 respondent or any other person;
8 (d) The petition fails to state a claim of constitutional violation upon
9 which relief can be granted;
10 (e) The relief sought by the prisoner is damages or the return of prop-
11 erty; or
12 (f) The alleged constitutional deprivation is de minimis in nature.
13 (2) If the court finds that the petition should not be dismissed under
14 subsection (2) of this section, the following shall apply:
15 (a) The court may mail a copy of the petition and order of response to
16 the respondent or the respondent's counsel, if known;
17 (b) A response must be filed within thirty (30) days from the date the
18 respondent or the respondent's counsel is served with the petition and
19 order for response. If the court finds that exigent circumstances exist
20 which warrant an earlier response, the court shall set forth those circum-
21 stances and the allowed time for response; and
22 (c) If the court dismisses the petition in part, the court may specify
23 which issues and/or allegations which remain at issue for response.
24 (3) If the court orders a response to a petition for writ of habeas cor-
25 pus under this section, the respondent may file:
26 (a) An answer under rule 7(a) of the Idaho rules of civil procedure;
27 (b) A motion to dismiss under rule 12(b)(6) of the Idaho rules of civil
28 procedure; or
29 (c) A motion for summary judgment under rule 56(c) of the Idaho rules of
30 civil procedure; or
31 (d) Any other appropriate pleading under the Idaho rules of civil proce-
33 (4) Until a response has been filed, the court may consider the matter
34 fully submitted for review. However, a prisoner may move the court for leave
35 to file a reply to the response or the court may order a reply to the response
36 on its own motion. If a motion for leave to file a reply is filed, the pris-
37 oner may file a reply to the response and the court should consider the reply
38 only to the extent it is relevant to the issues and allegations raised in the
39 original petition for writ of habeas corpus.
40 (5) The court should not grant a writ of habeas corpus or order an evi-
41 dentiary hearing under this section unless, after reviewing the petition for
42 writ of habeas corpus, the response and the reply, if any, the court finds
43 that the prisoner's state or federal constitutional rights may have been vio-
44 lated relative to:
45 (a) Conditions of confinement;
46 (b) Revocation of parole;
47 (c) Miscalculation of his sentence;
48 (d) Loss of good time credits; or
49 (e) A detainer lodged against him.
50 If, after review under this subsection, the court finds that the allegations
51 do not state a state or federal constitutional claim, the court may dismiss
52 the petition without a hearing.
53 (6) In the event the court issues a writ of habeas corpus and sets the
54 matter for evidentiary hearing, the following shall apply:
55 (a) The hearing may be set at a time and place most convenient for the
1 court and the parties and as expeditiously as possible. If the hearing
2 involves witnesses who are officials of the institution, not prisoners,
3 the court may convene the hearing at the respective institution;
4 (b) The burden of proof during an evidentiary hearing pursuant to a peti-
5 tion for writ of habeas corpus lies with the petitioner; and
6 (c) As soon as possible after the conclusion of the hearing, the court
7 shall enter its findings of fact and conclusions of law, and either dis-
8 miss the petition in part or in its entirety, or grant injunctive relief
9 consistent with this act.
10 19-4210. DISCOVERY IN HABEAS CORPUS PROCEEDINGS. (1) Discovery shall not
11 ordinarily be permitted in habeas corpus cases.
12 (2) No discovery shall be permitted if the issues raised by the petition,
13 the response or reply are legal in nature.
14 (3) If factual issues are raised by the pleadings, the court may grant
15 leave for discovery as follows:
16 (a) The party must file a motion for leave to conduct discovery, attach-
17 ing a copy of the discovery sought;
18 (b) The motion shall specifically identify the claim upon which the party
19 seeks discovery and state with specificity how each item of discovery
20 sought is necessary to protect or defend the substantive right at issue;
21 (c) If the court finds that discovery is necessary to protect or defend a
22 substantive right at issue, it shall enter an order tailored to allow dis-
23 covery for that limited purpose.
24 19-4211. CONTENTS OF THE WRIT OF HABEAS CORPUS. (1) Any court authorized
25 under section 19-4202, Idaho Code, may grant a writ of habeas corpus pursuant
26 to a petition filed by, or on behalf of a person not a prisoner under section
27 19-4207, Idaho Code, if it finds that the restraint of the person's liberty is
29 (2) Any court authorized under section 19-4202, Idaho Code, may grant a
30 writ of habeas corpus and order a hearing pursuant to a petition filed by a
31 prisoner, or on behalf of a prisoner under section 19-4207, Idaho Code, only
33 (a) The court has considered the factual allegations contained in the
34 petition together with any responsive pleading filed by the respondent,
35 and a reply filed by the prisoner, if any;
36 (b) The court finds that the petitioner is likely to prevail on the mer-
37 its of his state or federal constitutional challenge;
38 (c) The court finds that the petitioner will suffer irreparable injury if
39 some relief is not granted;
40 (d) The court finds that the balance of potential harm to the petitioner
41 substantially outweighs the legitimate governmental interest; and
42 (e) The court finds that equity favors granting relief to the petitioner.
43 (3) If a court decides that a writ of habeas corpus should be granted
44 under this section, the order granting the writ should issue without delay
45 and a hearing should be scheduled with a statement of the issues to be
46 addressed, and whether evidence will be accepted.
47 (4) If a court issues an order granting the writ and setting the matter
48 for hearing, the court may set the hearing at the state prison or county jail
49 or other appropriate place.
50 19-4212. INJUNCTIVE RELIEF AVAILABLE TO PERSON NOT A PRISONER. If a court
51 finds that a person not a prisoner is being illegally restrained, the court
52 may fashion appropriate injunctive relief to cure the illegality, including
2 19-4213. RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE
3 OF REVOCATION OF PAROLE. (1) If a court finds that a prisoner's constitutional
4 rights have been violated during the course of revocation of his parole, the
5 court may, upon specific findings of fact and conclusions of law, enter an
6 order directing that the parole revocation proceedings be reconvened. Such
7 order shall identify the constitutional violation which occurred and direct
8 that the violation be cured.
9 (2) The Idaho board of correction through the Idaho commission for par-
10 dons and parole has the exclusive authority to release a prisoner on parole
11 pursuant to section 5, article X, of the constitution of the state of Idaho
12 and sections 20-210 and 20-223, Idaho Code. Therefore, under no circumstances
13 shall a court order a prisoner released under this section pursuant to a peti-
14 tion for writ of habeas corpus based on alleged constitutional violations dur-
15 ing the course of parole revocation proceedings.
16 19-4214. RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE. (1) If, upon
17 findings of fact and conclusions of law, a court finds that a prisoner's sen-
18 tence has been miscalculated, the court may order the prisoner's sentence to
19 be recalculated consistent with the courts findings and conclusions.
20 (2) The court may order the prisoner released under this section only if
21 the prisoner would be entitled to release due to expiration of his sentence
22 correctly calculated.
23 19-4215. RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS. (1) If upon
24 findings of fact and conclusions of law a court finds that a prisoner has lost
25 good time credits without constitutionally sufficient due process, the court
26 may order a rehearing.
27 (2) In the event that a court finds that a rehearing is required to cure
28 due process violations, the court's order shall specify:
29 (a) In what respects the due process was constitutionally insufficient
30 and direct that the insufficiency be cured; and
31 (b) Provide that the prison or jail officials shall have at least thirty
32 (30) days in which to convene the rehearing.
33 (3) In no event shall the court order that good time credits be restored
34 to a petitioner. However, if good time credits are restored to the petitioner
35 as a result of the rehearing, and restoration of good time credits entitles
36 the petitioner to release, he shall be so released.
37 19-4216. RELIEF AVAILABLE FOR DETAINERS. (1) A prisoner may file a peti-
38 tion for writ of habeas corpus, if so ordered by a court, to challenge the
39 legality of a detainer which has been lodged against him by another state
40 under the interstate agreement on detainers, chapter 50, title 19, Idaho Code.
41 (2) The court may set a hearing on a petition for writ of habeas corpus
42 to inquire into factual issues involving the legality of the detainer or the
43 legality of delivery of the prisoner to the prosecuting state under the
44 detainer. However, if the petition involves legal issues only, the court
45 shall decide the matter without hearing consistent with section 19-4209, Idaho
47 (3) Under no circumstances shall a court order a prisoner released under
48 this section.
49 19-4217. INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTION-
50 ALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES. (1) If the court finds that
1 a prisoner or other institutionalized person's constitutional rights have been
2 violated under this chapter or any other state or federal civil action involv-
3 ing conditions of confinement, the court may order injunctive relief subject
4 to the limitations set forth in this chapter.
5 (2) If the court concludes that injunctive relief is necessary to cure
6 unconstitutional conditions of confinement, the court shall enter an order
7 subject to the following limitations:
8 (a) Any order for injunctive relief shall be based on specific findings
9 of fact and conclusions of law;
10 (b) Injunctive relief shall be narrowly drawn and extend no further than
11 necessary to correct the violation of the constitutional right;
12 (c) Such injunctive relief must be the least intrusive means necessary to
13 correct the constitutional violation;
14 (d) The court shall give substantial weight to any adverse impact on pub-
15 lic safety;
16 (e) The court shall give substantial weight and afford substantial defer-
17 ence to the discretion of administrators of the institution;
18 (f) The administrator of the institution shall be given all reasonable
19 opportunities to correct state or federal constitutional errors made in
20 the internal operations of the institution and shall be charged with the
21 task of devising constitutionally sound modifications to their operations.
22 19-4218. APPOINTMENT OF A SPECIAL MASTER IN CONDITIONS OF CONFINEMENT
23 CASES. (1) The court may appoint a special master under this chapter to moni-
24 tor progress during the injunctive relief of any civil action involving condi-
25 tions of confinement only upon a finding that the injunctive relief will be
26 sufficiently complex to warrant the appointment, in which case, the following
27 shall apply:
28 (a) If the court determines that appointment of a special master is war-
29 ranted, the court shall request that each party submit a list of not more
30 than three (3) persons to so serve;
31 (b) Each party shall have the opportunity to remove one (1) person from
32 the opposing party's list;
33 (c) The court shall select the special master from the persons remaining
34 on the list after the application of subsections (1)(a) and (1)(b) of this
36 (d) Compensation allowed to a special master under this section shall be
37 based on an hourly rate not greater than the hourly rate established for
38 payment of court-appointed counsel, plus costs reasonably incurred by the
39 special master. Whenever possible, the compensation and costs of the spe-
40 cial master should be borne by both parties in a manner deemed equitable
41 by the court;
42 (e) In any civil action with respect to prison conditions in which a spe-
43 cial master is appointed under this section, the court shall review the
44 appointment every sixty (60) calendar days to determine whether the ser-
45 vices of the special master continue to be required. In no event shall the
46 appointment of a special master extend beyond the termination of the
48 (2) A special master appointed under this section:
49 (a) May be authorized by a court to conduct hearings and may recommend on
50 the record proposed findings of fact and conclusions of law, which shall
51 be made on the record;
52 (b) Shall not make any findings or communications ex parte;
53 (c) May be authorized by the court to assist in the development of
54 injunctive relief; and
1 (d) May be removed at any time, but shall be relieved of the appointment
2 upon the termination of the injunctive relief.
3 (3) In lieu of appointment of a special master under subsection (1) of
4 this section, and subject to the limitations set forth in subsections (1)(e),
5 (2)(b), (2)(c) and (2)(d) of this section, the court may require the parties
6 to submit reports and/or affidavits addressing issues concerning compliance
7 with the injunctive relief, at intervals no less than quarterly.
8 19-4219. TERMINATION OF INJUNCTIVE RELIEF IN CONDITIONS OF CONFINEMENT
9 CASES. In any civil action with respect to conditions of confinement in which
10 prospective relief is ordered, such relief shall be terminated upon the motion
11 of any party or intervenor:
12 (1) Two (2) years after the date the court granted or approved the pro-
13 spective relief;
14 (2) One (1) year after the date the court has entered an order denying
15 termination of prospective relief under this section; or
16 (3) In the case of an order issued on or before the date of enactment of
17 this act, one (1) year after such date of enactment.
18 19-4220. IMMEDIATE TERMINATION OF PROSPECTIVE RELIEF IN CONDITIONS OF
19 CONFINEMENT CASES. (1) In any civil action with respect to conditions of con-
20 finement, the administrator of the institution or intervenor shall be entitled
21 to the immediate termination of any prospective relief if the relief was
22 approved or granted in the absence of an express finding by the court that the
24 (a) Is narrowly drawn;
25 (b) Extends no further than necessary to correct the violation of the
26 constitutional right; and
27 (c) Is the least intrusive means necessary to correct the violation of
28 the constitutional right.
29 (2) Prospective relief shall not terminate if the court makes written
30 findings based on the record that the prospective relief:
31 (a) Remains necessary to correct a current or ongoing violation of the
32 constitutional right;
33 (b) Extends no further than necessary to correct the violation of the
34 constitutional right;
35 (c) Is narrowly drawn; and
36 (d) Is the least intrusive means to correct the violation.
37 (3) Nothing in this section shall prevent the administrator of the insti-
38 tution or intervenor from seeking modification or termination before the
39 relief is terminable under subsection (1) or (2) of this section to the extent
40 that modification or termination would otherwise be legally permissible.
41 19-4221. SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF CONFINEMENT
42 CASES. (1) In any civil action with respect to conditions of confinement, the
43 court shall not enter or approve a settlement or consent decree unless it com-
44 plies with the limitations on relief set forth in section 19-4217, Idaho Code.
45 (2) This section, together with sections 19-4217, 19-4219 and 19-4220,
46 Idaho Code, shall be applied to all settlements or consent decrees in effect
47 at the time of passage of this act. Any settlement consent decree entered into
48 before enactment of this act shall not be construed as a waiver of the appli-
49 cation of this section by any party to the settlement or consent decree, and
50 may be terminated consistent with sections 19-4219 and 19-4220, Idaho Code.
51 19-4222. SUCCESSIVE CLAIMS. In no event shall a prisoner bring a civil
1 action or appeal a judgment in a civil action or proceeding if the prisoner
2 has, on three (3) or more prior occasions, while incarcerated or detained in
3 any prison, jail or other correctional facility, brought an action or appeal
4 in a court of this state that was dismissed on any ground set forth in section
5 19-4209(1), Idaho Code, unless the prisoner demonstrates to the satisfaction
6 of the court that he is under imminent danger of serious physical injury.
7 19-4223. PRIOR SHOWING REQUIRED. No civil action may be brought by a
8 prisoner confined in a jail, prison or other correctional facility for mental
9 or emotional injury suffered while in custody without a prior showing of
11 (1) Physical injury; or
12 (2) Diagnosed severe and disabling mental illness.
13 19-4224. RIGHT OF ACCESS TO COURT NOT EXPANDED. Nothing in this act shall
14 be construed as expanding the right of access to courts for institutionalized
15 persons under federal or state statutory or case law.
16 19-4225. BONDING REQUIREMENT FOR CIVIL ACTIONS BROUGHT AGAINST CORREC-
17 TIONAL AND JAIL OFFICIALS AND EMPLOYEES. Any civil action brought against cor-
18 rectional or jail officials, employees or their agents is subject to the man-
19 datory bonding requirements set forth in section 6-610, Idaho Code.
20 19-4226. ABROGATION OF COMMON LAW. The purpose of this act is to abrogate
21 the common law uses of the writ of habeas corpus.
22 19-4227. LIBERTY INTEREST NOT CREATED. Nothing herein shall be construed
23 as creating a liberty interest.
STATEMENT OF PURPOSE
The purpose of this legislation is to modernize and recodify
Idaho's "habeas corpus"statutes that were adopted in 1864 and have
not been amended to date. "Habeas Corpus"is the Latin term for a
judicial process in which a confined person questions the legality
of their confinement. While routinely used by prison inmates, the
process can also be used by persons in various forms of medical
This legislation repeals current title 19, chapter 42, Idaho Code,
and enacts a new Idaho "Habeas Corpus and Institutional Litigation
Reform Act"which is partially modeled after the federal "Prison
Litigation Reform Act." While quite lengthy and procedurally
complex, the basic concept of the new act is the creation of a
structured court review of habeas corpus petitions to determine
factual merit before requiring the confining agency to respond to
the petition. This will serve to reduce the number of frivolous
petitions while expediting the due process review of valid
This legislation will reduce the judicial expense to state
agencies and local governments, while shifting the impact on the
court from lengthy petition hearings to pre-hearing review.CONTACT: Freeman Duncan, Legislative
Liaison Attorney General's Office
STATEMENT OF PURPOSE/FISCAL NOTE