H0235aa..............................by JUDICIARY, RULES AND ADMINISTRATION HABEAS CORPUS - Repeals and adds to existing law to establish the "Habeas Corpus and Institutional Litigation Procedures 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 by a person who is not a prisoner and by a person who is a prisoner; to provide that a prisoner is required to exhaust administrative remedies in conditions of confinement cases; to provide for application for writ of habeas corpus on behalf of another person; to provide general procedures governing habeas corpus proceedings; to provide for discovery in habeas corpus proceedings; to provide for issuance of a writ of habeas corpus; to provide that injunctive relief is available to a person who is not a prisoner; to provide that relief is available for constitutional violations during the course of revocation of parole, for miscalculation of sentence, for loss of good time credits, and for detainers; to provide that injunctive relief is available to prisoners and other institutionalized persons in conditions of confinement cases; to provide for termination of an injunctive relief order or decree in conditions of confinement cases; to provide for immediate termination of an order or decree for prospective relief in conditions of confinement cases; to provide for settlements and consent decrees in conditions of confinement cases; to provide for successive claims; to provide that a prior showing of physical injury or mental illness is required; to provide that the right of access to court is not expanded; to provide an exclusive remedy; and to provide that a liberty interest is not created. 02/12 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 02/26 Rpt out - to Gen Ord 03/04 Rpt out amen - to engros 03/05 Rpt engros - 1st rdg - to 2nd rdg as amen 03/08 2nd rdg - to 3rd rdg as amen 03/09 3rd rdg as amen - PASSED - 68-0-2 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Jones, Trail Floor Sponsor - Tippets Title apvd - to Senate 03/10 Senate intro - 1st rdg as amen - to Jud 03/15 Rpt out - rec d/p - to 2nd rdg as amen 03/16 2nd rdg - to 3rd rdg as amen 03/17 3rd rdg as amen - PASSED - 26-1-8 AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Ingram, Ipsen, Keough, King, Lee, Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Whitworth NAYS--Hawkins Absent and excused--Andreason, Deide, McLaughlin, Parry, Richardson, Riggs, Twiggs, Wheeler Floor Sponsor - Davis Title apvd - to House 03/18 To enrol 03/19 Rpt enrol - Sp signed - Pres signed 03/23 To Governor 03/26 Governor signed Session Law Chapter 376 Effective: 07/01/99
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 235, As Amended 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 PROCEDURES ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE JURISDICTION TO CON- 6 SIDER PETITIONS FOR WRIT OF HABEAS CORPUS, TO PROVIDE WHO MAY PETITION FOR 7 WRIT OF HABEAS CORPUS, TO PROVIDE FOR APPLICATION FOR WRIT OF HABEAS COR- 8 PUS BY A PERSON WHO IS NOT A PRISONER, TO PROVIDE APPLICATION FOR WRIT OF 9 HABEAS CORPUS BY A PRISONER, TO PROVIDE THAT A PRISONER IS REQUIRED TO 10 EXHAUST ADMINISTRATIVE REMEDIES IN CONDITIONS OF CONFINEMENT CASES, TO 11 PROVIDE FOR APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER 12 PERSON, TO PROVIDE GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS, 13 TO PROVIDE PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS, TO 14 PROVIDE FOR DISCOVERY IN HABEAS CORPUS PROCEEDINGS, TO PROVIDE FOR ISSU- 15 ANCE OF A WRIT OF HABEAS CORPUS, TO PROVIDE THAT INJUNCTIVE RELIEF IS 16 AVAILABLE TO A PERSON WHO IS NOT A PRISONER, TO PROVIDE THAT RELIEF IS 17 AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE OF REVOCATION OF 18 PAROLE, TO PROVIDE THAT RELIEF IS AVAILABLE FOR MISCALCULATION OF A SEN- 19 TENCE, TO PROVIDE THAT RELIEF IS AVAILABLE FOR LOSS OF GOOD TIME CREDITS, 20 TO PROVIDE THAT RELIEF IS AVAILABLE FOR DETAINERS, TO PROVIDE THAT INJUNC- 21 TIVE RELIEF IS AVAILABLE TO PRISONERS AND OTHER INSTITUTIONALIZED PERSONS 22 IN CONDITIONS OF CONFINEMENT CASES, TO PROVIDE FOR TERMINATION OF AN 23 INJUNCTIVE RELIEF ORDER OR DECREE IN CONDITIONS OF CONFINEMENT CASES, TO 24 PROVIDE FOR IMMEDIATE TERMINATION OF AN ORDER OR DECREE FOR PROSPECTIVE 25 RELIEF IN CONDITIONS OF CONFINEMENT CASES, TO PROVIDE FOR SETTLEMENTS AND 26 CONSENT DECREES IN CONDITIONS OF CONFINEMENT CASES, TO PROVIDE FOR SUCCES- 27 SIVE CLAIMS, TO PROVIDE THAT A PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL 28 ILLNESS IS REQUIRED, TO PROVIDE THAT THE RIGHT OF ACCESS TO COURT IS NOT 29 EXPANDED, TO PROVIDE THAT THE CHAPTER SETS FORTH AN EXCLUSIVE REMEDY, TO 30 PROVIDE THAT A LIBERTY INTEREST IS NOT CREATED AND TO PROVIDE SEVERABIL- 31 ITY. 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 PROCEDURES ACT 40 19-4201. SHORT TITLE. Sections 19-4201 through 19-4226, Idaho Code, shall 41 be known and may be cited as the "Idaho Habeas Corpus and Institutional Liti- 2 1 gation Procedures 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 person is detained. 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 he is unlawfully restrained of his liberty in this state may file a petition 11 for writ of habeas corpus to request that the court inquire into the cause 12 and/or legality of the restraint. 13 (2) A prisoner, as defined in section 31-3220A(1)(d), Idaho Code, or a 14 person who is restrained of his liberty while involved in parole revocation 15 proceedings, or while held on an agent or commission warrant in this state, 16 may file a petition for writ of habeas corpus to request that a court inquire 17 into state or federal constitutional questions concerning: 18 (a) The conditions of his confinement; 19 (b) Revocation of parole; 20 (c) Miscalculation of his sentence; 21 (d) Loss of good time credits; 22 (e) A detainer lodged against him. 23 (3) Habeas corpus shall not be used as a substitute for, or in addition 24 to, a direct appeal of a criminal conviction or proceedings under Idaho crimi- 25 nal rule 35 or the uniform post-conviction procedures act, chapter 49, title 26 19, Idaho Code, and the statutes of limitations imposed therein. 27 (4) Habeas corpus shall not be used as a substitute for or in addition to 28 proceedings available in child custody matters and proceedings under the Idaho 29 domestic violence crime prevention act, chapter 63, title 39, Idaho Code. 30 (5) Habeas corpus is an individual remedy only. 31 (6) For purposes of this chapter and any other civil challenges to condi- 32 tions of confinement, the term "conditions of confinement" shall be defined as 33 any civil proceeding with respect to a state or county institution, prison or 34 jail condition arising under state or federal law with respect to the condi- 35 tions of confinement or the effects of actions by government officials on the 36 life of a person confined in a state or county institution, prison or jail. 37 19-4204. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRIS- 38 ONER. (1) Application for a writ of habeas corpus by a person not a prisoner 39 shall be made by filing a petition for writ of habeas corpus in the district 40 court of the county in which the person is restrained. 41 (2) The petition must be verified by the oath or affirmation of the party 42 applying for the writ and shall specify: 43 (a) That the person is unlawfully restrained of his liberty; 44 (b) The identity and address of the person restraining the subject of the 45 petition; 46 (c) The name and address of the place in which the person is restrained; 47 (d) A description of the facts which make the restraint illegal; and 48 (e) The theory of law upon which relief is sought, if known. 49 (3) Application under this section may be made by a guardian on behalf of 50 a minor or by a guardian on behalf of an incapacitated person as defined in 51 section 15-5-101, Idaho Code. 3 1 19-4205. APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER. (1) Appli- 2 cation for a writ of habeas corpus by a prisoner shall be made by filing a 3 petition for a writ of habeas corpus in the district court of the county in 4 which the prisoner claims his confinement or aspects of his confinement vio- 5 late provisions of the state or federal constitutions. 6 (2) The petition must be verified by the oath or affirmation of the pris- 7 oner applying and shall specify that the prisoner is alleging state or federal 8 constitutional violations concerning: 9 (a) The conditions of his confinement; 10 (b) The revocation of his parole; 11 (c) Miscalculation of his sentence; 12 (d) Loss of good time credits; or 13 (e) A detainer lodged against him. 14 (3) A petition filed by a prisoner under subsections (1) and (2) of this 15 section shall specify: 16 (a) The identity and address of the person or officer whom the prisoner 17 believes is responsible for the alleged state or federal constitutional 18 violations, and shall name the persons identified individually as respond- 19 ents; 20 (b) The name, if any, and address of the place in which the prisoner is 21 incarcerated; 22 (c) The name and address of the place in which the prisoner claims the 23 constitutional violation under subsections (2)(a) through (2)(e) of this 24 section occurred; and 25 (d) A short and plain statement of the facts underlying the alleged state 26 or federal constitutional violation. 27 (4) The state of Idaho, any of its political subdivisions, or any of its 28 agencies shall not be named as respondents in a prisoner petition for writ of 29 habeas corpus. 30 19-4206. PRISONERS REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDI- 31 TIONS OF CONFINEMENT CASES. (1) Unless a petitioner who is a prisoner estab- 32 lishes to the satisfaction of the court that he is in imminent danger of seri- 33 ous physical injury, no petition for writ of habeas corpus or any other civil 34 action shall be brought by any person confined in a state or county institu- 35 tion, prison or jail, with respect to conditions of confinement until all 36 available administrative remedies have been exhausted. If the institution, 37 prison or jail does not have a system for administrative remedy, this require- 38 ment shall be waived. 39 (2) At the time of filing, the petitioner shall submit, together with the 40 petition for writ of habeas corpus a true, correct and complete copy of any 41 documentation which demonstrates that he has exhausted administrative remedies 42 described in subsection (1) of this section. 43 (3) If at the time of filing the petition for writ of habeas corpus the 44 petitioner fails to comply with this section, the court shall dismiss the 45 petition with or without prejudice. 46 19-4207. APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER. A 47 petition for writ of habeas corpus may only be filed by a person described in 48 section 19-4203, Idaho Code, or his attorney, except that a petition may be 49 filed on behalf of an aggrieved person who is a minor, or on behalf of a per- 50 son who is incapacitated as defined by section 15-5-101, Idaho Code, by the 51 aggrieved person's legal guardian. 52 19-4208. GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS. A 4 1 habeas corpus proceeding is a civil action and is governed by the provisions 2 of this chapter and the Idaho court rules to the extent that such rules are 3 not inconsistent with this act. 4 19-4209. PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS. (1) The 5 court may dismiss with prejudice a petition for writ of habeas corpus under 6 this section, in whole or in part, prior to service of the petition on the 7 respondent, if the court finds: 8 (a) The petition is frivolous as defined in section 12-122, Idaho Code; 9 (b) The petition has been brought maliciously or solely to harass; 10 (c) The petition fails to state a claim of constitutional violation upon 11 which relief can be granted; 12 (d) The alleged constitutional deprivation is de minimis in nature; or 13 (e) The relief sought by the prisoner is monetary damages or the return 14 of property. 15 (2) If the court finds that the petition should not be dismissed, then: 16 (a) The court shall mail a copy of the petition and order of response to 17 the respondent or the respondent's counsel, if known; 18 (b) A response must be filed within thirty (30) days from the date the 19 respondent or the respondent's counsel is served with the petition and 20 order for response. If the court finds that exigent circumstances exist 21 which warrant an earlier response, the court shall set forth those circum- 22 stances and the allowed time for response; and 23 (c) If the court dismisses the petition in part, the court may specify 24 which issues and/or allegations remain at issue for response. 25 (3) If the court orders a response to a petition for writ of habeas cor- 26 pus under this section, the respondent may file any responsive motion or 27 pleading allowed by Idaho rules of civil procedure. 28 (4) Upon the filing of a responsive motion or pleading, a prisoner may 29 file a reply to the response or the court may order a reply to the response on 30 its own motion. The court should consider any reply filed only to the extent 31 it is relevant to the issues and allegations raised in the original petition 32 for writ of habeas corpus. 33 (5) The court should not grant a writ of habeas corpus or order an evi- 34 dentiary hearing under this section unless, after reviewing the petition for 35 writ of habeas corpus, the response and the reply, if any, the court finds 36 that the prisoner's state or federal constitutional rights may have been vio- 37 lated relative to: 38 (a) Conditions of confinement; 39 (b) Revocation of parole; 40 (c) Miscalculation of his sentence; 41 (d) Loss of good time credits; or 42 (e) A detainer lodged against him. 43 If, after review under this subsection, the court finds that the allegations 44 do not state a state or federal constitutional claim, the court may dismiss 45 the petition without a hearing. 46 (6) If the court issues a writ of habeas corpus and sets the matter for 47 evidentiary hearing, the following shall apply: 48 (a) The hearing shall be set as expeditiously as possible and may be at a 49 place convenient for the court and the parties, including the institution 50 where the prisoner is confined; 51 (b) The burden of proof during an evidentiary hearing pursuant to a peti- 52 tion for writ of habeas corpus lies with the prisoner; and 53 (c) As soon as possible after the conclusion of the hearing, the court 54 shall enter its findings of fact and conclusions of law, and either dis- 5 1 miss the petition in part or in its entirety, or grant injunctive relief 2 consistent with this act. 3 19-4210. DISCOVERY IN HABEAS CORPUS PROCEEDINGS. (1) Discovery shall not 4 ordinarily be permitted in habeas corpus cases. 5 (2) No discovery shall be permitted if the issues raised by the petition, 6 the response or reply are wholly legal in nature. 7 (3) If factual issues are raised by the pleadings, the court may, upon 8 motion, grant leave for discovery in accordance with Idaho rules of civil pro- 9 cedure. 10 (a) The party must file a motion for leave to conduct discovery, attach- 11 ing a copy of the discovery sought. 12 (b) If the court finds that discovery is necessary to protect or defend a 13 substantive state or federal constitutional right at issue, it shall enter 14 an order tailored to allow discovery for that limited purpose. 15 19-4211. ISSUANCE OF WRIT OF HABEAS CORPUS. (1) Any court authorized 16 under section 19-4202, Idaho Code, may grant a writ of habeas corpus pursuant 17 to a petition filed by, or on behalf of a person not a prisoner under section 18 19-4207, Idaho Code, if it finds that the restraint of the person's liberty is 19 illegal. 20 (2) Any court authorized under section 19-4202, Idaho Code, may grant a 21 writ of habeas corpus and order a hearing pursuant to a petition filed by a 22 prisoner, or on behalf of a prisoner under section 19-4207, Idaho Code, when: 23 (a) The court has considered the factual allegations contained in the 24 petition together with any responsive pleading filed by the respondent, 25 and a reply filed by the prisoner, if any; 26 (b) The court finds that the petitioner is likely to prevail on the mer- 27 its of his state or federal constitutional challenge; 28 (c) The court finds that the petitioner will suffer irreparable injury if 29 some relief is not granted; 30 (d) The court finds that the balance of potential harm to the petitioner 31 substantially outweighs any legitimate governmental interest; and 32 (e) The court finds that equity favors granting relief to the petitioner. 33 (3) Any order granting the writ should issue without delay and a hearing 34 should be scheduled. The court may provide a statement of the issues to be 35 addressed, and whether evidence will be accepted. 36 (4) If a court issues an order granting the writ and setting the matter 37 for hearing, the court may set the hearing at the state prison or county jail 38 or other appropriate place. 39 19-4212. INJUNCTIVE RELIEF AVAILABLE TO A PERSON NOT A PRISONER. If a 40 court finds that a person not a prisoner is being illegally restrained, the 41 court may fashion appropriate injunctive relief to cure the illegality, 42 including release. 43 19-4213. RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE 44 OF REVOCATION OF PAROLE. (1) If a court finds that a prisoner's constitu- 45 tional rights have been violated during the course of revocation of his 46 parole, the court may, upon specific findings of fact and conclusions of law, 47 enter an order directing that the parole revocation proceedings be reconvened. 48 The order shall identify the constitutional violation which occurred and 49 direct that the violation be cured. 50 (2) The Idaho board of correction through the Idaho commission for par- 51 dons and parole has the exclusive authority to order release of a prisoner on 6 1 parole pursuant to section 5, article X, of the constitution of the state of 2 Idaho and sections 20-210 and 20-223, Idaho Code. 3 19-4214. RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE. (1) If, upon 4 findings of fact and conclusions of law, a court finds that a prisoner's sen- 5 tence has been miscalculated, the court may order the prisoner's sentence to 6 be recalculated consistent with the court's findings and conclusions. 7 (2) The court may order the prisoner released under this section only if 8 the prisoner would be entitled to release due to expiration of his sentence 9 correctly calculated. 10 19-4215. RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS. (1) If the 11 court finds that a prisoner has lost good time credits without constitution- 12 ally sufficient due process, the court may order a rehearing by the prison or 13 jail authority. 14 (2) Any court order requiring rehearing shall specify: 15 (a) How due process was constitutionally insufficient and direct that the 16 insufficiency be cured; and 17 (b) Provide that the prison or jail officials shall have not less than 18 thirty (30) days in which to convene the rehearing. 19 (3) The prison or jail authority shall have the responsibility for the 20 recalculation and restoration of good time credits. If good time credits are 21 restored to the petitioner as a result of the rehearing, and restoration of 22 good time credits entitles the petitioner to release, he shall be so released. 23 19-4216. RELIEF AVAILABLE FOR DETAINERS. (1) A prisoner may petition for 24 writ of habeas corpus to challenge the legality of a detainer which has been 25 lodged against him by another state under the interstate agreement on detain- 26 ers, chapter 50, title 19, Idaho Code. 27 (2) The court may set a hearing on a petition for writ of habeas corpus 28 to inquire into factual issues involving the legality of the detainer or the 29 legality of delivery of the prisoner to the prosecuting state under the 30 detainer. However, if the petition involves legal issues only, the court shall 31 decide the matter without hearing consistent with section 19-4209, Idaho Code. 32 19-4217. INJUNCTIVE RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTION- 33 ALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES. (1) If the court finds that 34 a prisoner or other institutionalized person's constitutional rights have been 35 violated involving conditions of confinement, the court may order injunctive 36 relief consistent with and subject to the limitations set forth in this chap- 37 ter. 38 (2) If the court concludes that injunctive relief is necessary to cure 39 unconstitutional conditions of confinement, the court shall enter an order 40 subject to the following limitations: 41 (a) Any order for injunctive relief shall be accompanied by specific 42 findings of fact and conclusions of law; 43 (b) Injunctive relief shall be narrowly drawn and extend no further than 44 necessary to correct the violation of the constitutional right; 45 (c) Injunctive relief must be the least intrusive means necessary to cor- 46 rect the constitutional violation; 47 (d) The court shall give substantial weight to any adverse impact on pub- 48 lic safety; 49 (e) The court shall give substantial deference to the discretion of 50 administrators of the institution; 51 (f) The administrator of the institution shall be given all reasonable 7 1 opportunities to correct state or federal constitutional errors made in 2 the internal operations of the institution and shall be charged with the 3 task of devising constitutionally sound modifications to their operations. 4 19-4218. TERMINATION OF INJUNCTIVE RELIEF ORDER OR DECREE IN CONDITIONS 5 OF CONFINEMENT CASES. In any civil action with respect to conditions of con- 6 finement in which prospective relief is ordered or obtained pursuant to con- 7 sent decree, the relief order or decree shall be terminated upon the motion of 8 any party or intervenor: 9 (1) Two (2) years after the date the court granted or approved the pro- 10 spective relief; 11 (2) One (1) year after the date the court has entered an order or 12 decree denying termination of prospective relief under this section; or 13 (3) In the case of an order issued on or before the date of enactment of 14 this act, one (1) year after such date of enactment. 15 19-4219. IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE 16 RELIEF IN CONDITIONS OF CONFINEMENT CASES. (1) In any civil action with 17 respect to conditions of confinement, the administrator of the institution or 18 intervenor shall be entitled to the immediate termination of any prospective 19 relief if the relief was approved or granted in the absence of an express 20 finding by the court that the relief: 21 (a) Is narrowly drawn; 22 (b) Extends no further than necessary to correct the violation of the 23 constitutional right; and 24 (c) Is the least intrusive means necessary to correct the violation of 25 the constitutional right. 26 (2) Prospective relief shall not terminate if the court makes written 27 findings based on the record that the prospective relief: 28 (a) Remains necessary to correct a current or ongoing violation of the 29 constitutional right; 30 (b) Extends no further than necessary to correct the violation of the 31 constitutional right; 32 (c) Is narrowly drawn; and 33 (d) Is the least intrusive means to correct the violation. 34 (3) Nothing in this section shall prevent the administrator of the insti- 35 tution or intervenor from seeking modification or termination before the 36 relief is terminable under subsection (1) or (2) of this section to the extent 37 that modification or termination would otherwise be legally permissible. 38 19-4220. SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF CONFINEMENT 39 CASES. (1) In any civil action with respect to conditions of confinement, the 40 court shall not enter or approve a settlement or consent decree unless it com- 41 plies with the limitations on relief set forth in section 19-4217, Idaho Code. 42 (2) This section, together with sections 19-4217, 19-4218 and 19-4219, 43 Idaho Code, applies to all settlements or consent decrees in effect at the 44 time of passage of this act. Any settlement or consent decree entered into 45 before enactment of this act shall not be construed as a waiver of the appli- 46 cation of this section by any party to the settlement or consent decree, and 47 may be terminated consistent with sections 19-4218 and 19-4219, Idaho Code. 48 19-4221. SUCCESSIVE CLAIMS. In no event shall a prisoner bring a civil 49 action or appeal a judgment in a civil action or proceeding if the prisoner 50 has, on two (2) or more prior occasions, while incarcerated or detained in any 51 prison, jail or other correctional facility, brought an action or appeal in a 8 1 court of this state that was dismissed on any ground set forth in section 2 19-4209(1)(a) through (d), Idaho Code, unless: 3 (1) The prisoner first obtains leave from the district court having 4 jurisdiction over the case; or 5 (2) The prisoner's action or petition is submitted for filing by an 6 attorney licensed to practice law in the state of Idaho. 7 19-4222. PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL ILLNESS REQUIRED. No 8 civil action may be brought by a prisoner confined in a jail, prison or other 9 correctional facility for mental or emotional injury suffered while in custody 10 without a prior showing of either: 11 (1) Physical injury; or 12 (2) Diagnosed severe and disabling mental illness. 13 19-4223. RIGHT OF ACCESS TO COURT NOT EXPANDED. Nothing in this chapter 14 shall be construed to expand the right of access to courts for institutional- 15 ized persons under federal or state law. 16 19-4224. EXCLUSIVE REMEDY. This chapter sets forth the exclusive proce- 17 dures and remedies in habeas corpus actions. 18 19-4225. LIBERTY INTEREST NOT CREATED. Nothing in this chapter shall be 19 construed to create a liberty interest. 20 19-4226. SEVERABILITY. The provisions of this act are declared to be sev- 21 erable and if any provision of this act or the application of a provision to 22 any person or circumstance is declared invalid for any reason, the declaration 23 shall not affect the validity of the remaining portions of this act.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 Moved by Hansen (23) Seconded by Field (13) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 235 1 AMENDMENT TO SECTION 2 2 On page 8 of the printed bill, delete lines 3 through 5 and insert: 3 "(1) The prisoner first obtains leave from the district court having 4 jurisdiction over the case; or".
STATEMENT OF PURPOSE RS 08770C3 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 since. Habeas Corpus is the Latin term for a judicial process in which a confined person questions the legality of his confinement. While routinely used by prison inmates, the process can also be used by persons in various forms of custody. This legislation repeals current title 19, chapter 42, Idaho Code, and enacts a new Idaho Habeas Corpus and Institutional Litigation Procedures Act which is modeled partly upon the federal Prison Litigation Procedures Act. 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 legislation will provide uniform procedures across the state as well as assisting district judges and prosecutors who do not regularly encounter petititions for habeas corpus. It will also serve to reduce the number of frivolous petitions while expediting the due process review of valid petitions. FISCAL NOTE 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: William A. von Tagen, Deputy Attorney General Division Chief, Intergovernmental & Fiscal Law Division 334-4140 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 235