2000 Legislation
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SENATE BILL NO. 1550 – Habeas Corpus, prisoners,

SENATE BILL NO. 1550

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S1550................................................by JUDICIARY AND RULES
HABEAS CORPUS - PRISONERS - OUT-OF-STATE - Adds to and amends existing law
to provide for habeas corpus proceedings by out-of-state prisoners housed
in private correctional facilities.
                                                                        
03/07    Senate intro - 1st rdg - to printing
03/08    Rpt prt - to Jud
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-1-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--Hawkins
      Absent and excused--None
    Floor Sponsor - Davis
    Title apvd - to House
03/16    House intro - 1st rdg - to Jud
03/24    Rpt out - rec d/p - to 2nd rdg
03/27    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Callister, Campbell, Chase, Cheirrett, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Bruneel, Clark, Crow, Ridinger, Wheeler, Mr
      Speaker
    Floor Sponsor - Moss
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 271
         Effective: 04/12/00

Bill Text


 S1550
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1550
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HABEAS CORPUS; AMENDING CHAPTER 42, TITLE 19, IDAHO CODE,  BY  THE
  3        ADDITION  OF  A  NEW SECTION 19-4201A, IDAHO CODE, TO PROVIDE DEFINITIONS;
  4        AMENDING SECTION 19-4203, IDAHO CODE, TO PROVIDE FOR FILING OF A  PETITION
  5        FOR  A  WRIT  OF HABEAS CORPUS BY AN IN-STATE PRISONER AND AN OUT-OF-STATE
  6        PRISONER, TO PROVIDE PROPER NOMENCLATURE, TO PROVIDE  THAT  CONDITIONS  OF
  7        CONFINEMENT SHALL INCLUDE THE EFFECTS OF ACTIONS BY EMPLOYEES OF A PRIVATE
  8        PRISON  CONTRACTOR  WHILE  EMPLOYED  AT A PRIVATE CORRECTIONAL FACILITY IN
  9        IDAHO AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION  19-4205,  IDAHO
 10        CODE, TO PROVIDE FOR AN APPLICATION FOR A WRIT OF HABEAS CORPUS BY AN OUT-
 11        OF-STATE PRISONER; AMENDING SECTION 19-4206, IDAHO CODE, TO PROVIDE PROPER
 12        NOMENCLATURE;  AMENDING  SECTION  19-4209, IDAHO CODE, TO PROVIDE WHEN THE
 13        COURT MAY GRANT A WRIT OF HABEAS CORPUS UPON A PETITION FILED BY  AN  OUT-
 14        OF-STATE  PRISONER  AND  TO  PROVIDE PROPER NOMENCLATURE; AMENDING SECTION
 15        19-4211, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS AND TO  PROVIDE  PROPER
 16        NOMENCLATURE;  AMENDING SECTION 19-4213, IDAHO CODE, TO PROVIDE THE RELIEF
 17        AVAILABLE TO AN IN-STATE PRISONER FOR CONSTITUTIONAL VIOLATIONS DURING THE
 18        COURSE OF REVOCATION OF PAROLE AND TO PROVIDE THAT  THE  IDAHO  COMMISSION
 19        FOR  PARDONS AND PAROLE HAS EXCLUSIVE AUTHORITY TO ORDER RELEASE OF AN IN-
 20        STATE PRISONER ON PAROLE; AMENDING SECTION 19-4214, IDAHO CODE, TO PROVIDE
 21        FOR RELIEF AVAILABLE TO AN IN-STATE PRISONER FOR  MISCALCULATION  OF  SEN-
 22        TENCE;  AMENDING SECTION 19-4215, IDAHO CODE, TO PROVIDE THE RELIEF AVAIL-
 23        ABLE TO AN IN-STATE PRISONER FOR LOSS OF GOOD TIME CREDITS AND TO  PROVIDE
 24        PROPER  NOMENCLATURE; AMENDING SECTION 19-4216, IDAHO CODE, TO PROVIDE THE
 25        RELIEF AVAILABLE TO IN-STATE PRISONERS  FOR  DETAINERS;  AMENDING  SECTION
 26        19-4217,  IDAHO  CODE,  TO CLARIFY THAT INJUNCTIVE RELIEF IN CONDITIONS OF
 27        CONFINEMENT CASES IS APPLICABLE WITH RESPECT TO STATE,  LOCAL  OR  PRIVATE
 28        CORRECTIONAL  FACILITIES; AMENDING SECTION 19-4219, IDAHO CODE, TO INCLUDE
 29        REFERENCES TO STATE, LOCAL OR PRIVATE CORRECTIONAL FACILITIES WITH RESPECT
 30        TO TERMINATION OF AN ORDER OR DECREE FOR PROSPECTIVE RELIEF IN  CONDITIONS
 31        OF  CONFINEMENT  CASES; AMENDING SECTIONS 19-4221 AND 19-4222, IDAHO CODE,
 32        TO PROVIDE PROPER NOMENCLATURE; AND DECLARING AN EMERGENCY.
                                                                        
 33    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 34        SECTION 1.  That Chapter 42, Title 19, Idaho Code, be,  and  the  same  is
 35    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 36    ignated as Section 19-4201A, Idaho Code, and to read as follows:
                                                                        
 37        19-4201A.  DEFINITIONS. As used in this chapter:
 38        (1)  "Correctional facility" means a facility for the confinement of pris-
 39    oners.  Unless otherwise specifically  provided,  the  term  shall  include  a
 40    state, local or private correctional facility.
 41        (2)  "In-state  prisoner" means a person who has been convicted of a crime
 42    in the state of Idaho and is either incarcerated in  a  correctional  facility
 43    for that crime or is in custody for trial and sentencing.
                                                                        
                                           2
                                                                        
  1        (3)  "Institution" or "state or county institution" means a place owned or
  2    operated  by  or  under  the  control of the state or county in which a person
  3    other than a prisoner is restrained and with respect to  which  restraint  the
  4    person may file a petition for a writ of habeas corpus under the provisions of
  5    this chapter.
  6        (4)  "Local correctional facility" means a facility for the confinement of
  7    prisoners operated by or under the control of a county or city. The term shall
  8    include any reference to "jail" or "county jail."
  9        (5)  "Out-of-state  prisoner" means a person who has been convicted of and
 10    sentenced for a crime in a state other than the state of Idaho, or  under  the
 11    laws  of  the  United  States  or other foreign jurisdiction, and who is being
 12    housed in any state, local or private correctional facility in  the  state  of
 13    Idaho,  or  who is being transported in any manner within or through the state
 14    of Idaho.
 15        (6)  "Prisoner" includes an  in-state  or  out-of-state  prisoner,  unless
 16    otherwise specifically provided or unless the context clearly indicates other-
 17    wise.
 18        (7)  "Private  correctional  facility" means a correctional facility owned
 19    or operated in the state of Idaho by a private prison contractor.
 20        (8)  "Private prison contractor" means any person, organization,  partner-
 21    ship,  joint venture, corporation or other business entity engaged in the site
 22    selection,     design,     design/building,     acquisition,     construction,
 23    construction/management, financing, maintenance, leasing,  leasing/purchasing,
 24    management  or operation of private correctional facilities or any combination
 25    of these services.
 26        (9)  "State correctional facility" means a correctional facility owned  or
 27    operated by or under the control of the state of Idaho.
                                                                        
 28        SECTION  2.  That  Section 19-4203, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        19-4203.  WHO MAY PETITION FOR A WRIT OF HABEAS CORPUS.  (1)  Any  person,
 31    not  a prisoner as defined in section 31-3220A(1)(d) 19-4201A, Idaho Code, who
 32    believes he is unlawfully restrained of his liberty in this state may  file  a
 33    petition  for writ of habeas corpus to request that the court inquire into the
 34    cause and/or legality of the restraint.
 35        (2)  An in-state prisoner, as defined in section 31-3220A(1)(d)  19-4201A,
 36    Idaho  Code,  or  a  person who is restrained of his liberty while involved in
 37    parole revocation proceedings, or while held on an agent or commission warrant
 38    in this state, may file a petition for writ of habeas corpus to request that a
 39    court inquire into state or federal constitutional questions concerning:
 40        (a)  The conditions of his confinement;
 41        (b)  Revocation of parole;
 42        (c)  Miscalculation of his sentence;
 43        (d)  Loss of good time credits;
 44        (e)  A detainer lodged against him.
 45        (3)  An out-of-state prisoner, as defined in section 19-4201A, Idaho Code,
 46    may file a petition for writ of habeas corpus only to request  that  an  Idaho
 47    court  inquire  into a state or federal constitutional question concerning the
 48    conditions of his confinement. Habeas corpus relief shall not be available for
 49    an out-of-state prisoner to challenge:
 50        (a)  Any issue concerning the legality of his out-of-state  conviction  or
 51        sentence;
 52        (b)  Any issue concerning the legality of the fact or duration of his con-
 53        finement in this state;
                                                                        
                                           3
                                                                        
  1        (c)  Any issue concerning the legality of the contract or agreement or any
  2        terms thereof pursuant to which he is housed in this state;
  3        (d)  Any  issue  concerning the grant, denial or revocation of  parole for
  4        his out-of-state conviction and sentence;
  5        (e)  Miscalculation of his out-of-state sentence;
  6        (f)  Loss of out-of-state good time credits or lack of (failure to  grant)
  7        good time credits under the laws of the state of Idaho;
  8        (g)  A detainer lodged against him.
  9        (4)  Habeas  corpus  shall not be used as a substitute for, or in addition
 10    to, a direct appeal of a criminal conviction or proceedings under Idaho crimi-
 11    nal rule 35 or the uniform post-conviction procedures act, chapter  49,  title
 12    19, Idaho Code, and the statutes of limitations imposed therein.
 13        (45)  Habeas  corpus  shall not be used as a substitute for or in addition
 14    to proceedings available in child custody matters and  proceedings  under  the
 15    Idaho  domestic  violence  crime  prevention  act, chapter 63, title 39, Idaho
 16    Code.
 17        (56)  Habeas corpus is an individual remedy only.
 18        (67)  For purposes of this chapter and any other civil challenges to  con-
 19    ditions  of confinement, the term "conditions of confinement" shall be defined
 20    as any civil proceeding with respect to a condition in  any  state  or  county
 21    institution,  prison or jail condition or state, local or private correctional
 22    facility, as those terms are defined in section 19-4201A, Idaho Code,  arising
 23    under  state  or federal law with respect pertaining to the conditions of con-
 24    finement or the effects of actions by government officials or employees  of  a
 25    private prison contractor while employed at a private correctional facility in
 26    the  state  of  Idaho  on  the  life of a person confined in a state or county
 27    institution, prison  or  jail  or  a  state,  local  or  private  correctional
 28    facility.
                                                                        
 29        SECTION  3.  That  Section 19-4205, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        19-4205.  APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER. (1)  Appli-
 32    cation  for  a  writ  of habeas corpus by a prisoner shall be made by filing a
 33    petition for a writ of habeas corpus in the district court of  the  county  in
 34    which  the  prisoner claims his confinement or aspects of his confinement vio-
 35    late provisions of the state or federal constitutions.
 36        (2)  With respect to a petition filed by an in-state prisoner, tThe  peti-
 37    tion  must be verified by the oath or affirmation of the prisoner applying and
 38    shall specify that the prisoner is alleging state  or  federal  constitutional
 39    violations concerning:
 40        (a)  The conditions of his confinement;
 41        (b)  The revocation of his parole;
 42        (c)  Miscalculation of his sentence;
 43        (d)  Loss of good time credits; or
 44        (e)  A detainer lodged against him.
 45        (3)  With  respect  to  a  petition filed by an out-of-state prisoner, the
 46    petition must be verified by the oath or affirmation of the prisoner  applying
 47    and  shall  specify  that  the prisoner is alleging state or federal constitu-
 48    tional violations concerning the conditions of his confinement, as provided in
 49    section 19-4203(3), Idaho Code.
 50        (4)  A petition filed by a prisoner under subsections (1), and (2) or  (3)
 51    of this section shall specify:
 52        (a)  The  identity  and address of the person or officer whom the prisoner
 53        believes is responsible for the alleged state  or  federal  constitutional
                                                                        
                                           4
                                                                        
  1        violations, and shall name the persons identified individually as respond-
  2        ents;
  3        (b)  The  name,  if any, and address of the place in which the prisoner is
  4        incarcerated;
  5        (c)  The name and address of the place in which the  prisoner  claims  the
  6        constitutional  violation  under subsections (2)(a) through (2)(e) of this
  7        section occurred; and
  8        (d)  A short and plain statement of the facts underlying the alleged state
  9        or federal constitutional violation; and
 10        (e)  Whether the petitioner is an out-of-state prisoner.
 11        (45)  Neither tThe state of Idaho, any of its political  subdivisions,  or
 12    any  of its agencies, nor any private correctional facility shall not be named
 13    as respondents in a prisoner petition for writ of habeas corpus.
                                                                        
 14        SECTION 4.  That Section 19-4206, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        19-4206.  PRISONERS  REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES IN CONDI-
 17    TIONS OF CONFINEMENT CASES. (1) Unless a petitioner who is a  prisoner  estab-
 18    lishes to the satisfaction of the court that he is in imminent danger of seri-
 19    ous  physical injury, no petition for writ of habeas corpus or any other civil
 20    action shall be brought by any person confined in a state or  county  institu-
 21    tion,  prison  or  jail or in a state, local or private correctional facility,
 22    with respect to conditions of confinement until all  available  administrative
 23    remedies  have  been  exhausted.  If the institution, prison or jail or state,
 24    local or private correctional facility does not have a system for  administra-
 25    tive remedy, this requirement shall be waived.
 26        (2)  At the time of filing, the petitioner shall submit, together with the
 27    petition  for  writ  of habeas corpus a true, correct and complete copy of any
 28    documentation which demonstrates that he has exhausted administrative remedies
 29    described in subsection (1) of this section.
 30        (3)  If at the time of filing the petition for writ of habeas  corpus  the
 31    petitioner  fails  to  comply  with  this section, the court shall dismiss the
 32    petition with or without prejudice.
                                                                        
 33        SECTION 5.  That Section 19-4209, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        19-4209.  PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS. (1) The
 36    court  may  dismiss  with prejudice a petition for writ of habeas corpus under
 37    this section, in whole or in part, prior to service of  the  petition  on  the
 38    respondent, if the court finds:
 39        (a)  The petition is frivolous as defined in section 12-122, Idaho Code;
 40        (b)  The petition has been brought maliciously or solely to harass;
 41        (c)  The  petition fails to state a claim of constitutional violation upon
 42        which relief can be granted;
 43        (d)  The alleged constitutional deprivation is de minimis in nature; or
 44        (e)  The relief sought by the prisoner is monetary damages or  the  return
 45        of property.
 46        (2)  If the court finds that the petition should not be dismissed, then:
 47        (a)  The  court shall mail a copy of the petition and order of response to
 48        the respondent or the respondent's counsel, if known;
 49        (b)  A response must be filed within thirty (30) days from  the  date  the
 50        respondent  or  the  respondent's  counsel is served with the petition and
 51        order for response. If the court finds that  exigent  circumstances  exist
                                                                        
                                           5
                                                                        
  1        which warrant an earlier response, the court shall set forth those circum-
  2        stances and the allowed time for response; and
  3        (c)  If  the  court  dismisses the petition in part, the court may specify
  4        which issues and/or allegations remain at issue for response.
  5        (3)  If the court orders a response to a petition for writ of habeas  cor-
  6    pus  under  this  section,  the  respondent  may file any responsive motion or
  7    pleading allowed by Idaho rules of civil procedure.
  8        (4)  Upon the filing of a responsive motion or pleading,  a  prisoner  may
  9    file a reply to the response or the court may order a reply to the response on
 10    its  own  motion. The court should consider any reply filed only to the extent
 11    it is relevant to the issues and allegations raised in the  original  petition
 12    for writ of habeas corpus.
 13        (5)  With  respect  to a petition filed by an in-state prisoner tThe court
 14    should not grant a writ of habeas corpus or order an evidentiary hearing under
 15    this section unless, after reviewing the petition for writ of  habeas  corpus,
 16    the  response and the reply, if any, the court finds that the prisoner's state
 17    or federal constitutional rights may have been violated relative to:
 18        (a)  Conditions of confinement;
 19        (b)  Revocation of parole;
 20        (c)  Miscalculation of his sentence;
 21        (d)  Loss of good time credits; or
 22        (e)  A detainer lodged against him.
 23    If, after review under this subsection, the court finds that  the  allegations
 24    do  not  state  a state or federal constitutional claim, the court may dismiss
 25    the petition without a hearing.
 26        (6)  With respect to a petition filed by  an  out-of-state  prisoner,  the
 27    court should not grant a writ of habeas corpus or order an evidentiary hearing
 28    under  this  section  unless,  after reviewing the petition for writ of habeas
 29    corpus, the response and the reply, if any, the court finds that  the  out-of-
 30    state prisoner's state or federal constitutional rights may have been violated
 31    relative  to the out-of-state prisoner's conditions of confinement.  If, after
 32    review under this subsection, the court finds  that  the  allegations  do  not
 33    state a state or federal constitutional claim, the court may dismiss the peti-
 34    tion without a hearing.
 35        (7)  If  the  court issues a writ of habeas corpus and sets the matter for
 36    evidentiary hearing, the following shall apply:
 37        (a)  The hearing shall be set as expeditiously as possible and may be at a
 38        place convenient for the court and the parties, including the  institution
 39        or the state, local or private correctional facility where the prisoner is
 40        confined;
 41        (b)  The burden of proof during an evidentiary hearing pursuant to a peti-
 42        tion for writ of habeas corpus lies with the prisoner; and
 43        (c)  As  soon  as  possible after the conclusion of the hearing, the court
 44        shall enter its findings of fact and conclusions of law, and  either  dis-
 45        miss  the  petition in part or in its entirety, or grant injunctive relief
 46        consistent with this act.
                                                                        
 47        SECTION 6.  That Section 19-4211, Idaho Code, be, and the same  is  hereby
 48    amended to read as follows:
                                                                        
 49        19-4211.  ISSUANCE  OF  WRIT  OF  HABEAS  CORPUS. (1) Any court authorized
 50    under section 19-4202, Idaho Code, may grant a writ of habeas corpus  pursuant
 51    to a petition filed by, or, pursuant to section 19-4207, Idaho Code, on behalf
 52    of a person not a prisoner under section 19-4207, Idaho Code, if it finds that
 53    the restraint of the person's liberty is illegal.
                                                                        
                                           6
                                                                        
  1        (2)  Any  court  authorized under section 19-4202, Idaho Code, may grant a
  2    writ of habeas corpus and order a hearing pursuant to a petition  filed  by  a
  3    prisoner, or, pursuant to section 19-4207, Idaho Code, on behalf of a prisoner
  4    under section 19-4207, Idaho Code, when:
  5        (a)  The  court  has  considered  the factual allegations contained in the
  6        petition together with any responsive pleading filed  by  the  respondent,
  7        and a reply filed by the prisoner, if any;
  8        (b)  The  court finds that the petitioner is likely to prevail on the mer-
  9        its of his state or federal constitutional challenge;
 10        (c)  The court finds that the petitioner will suffer irreparable injury if
 11        some relief is not granted;
 12        (d)  The court finds that the balance of potential harm to the  petitioner
 13        substantially outweighs any legitimate governmental interest; and
 14        (e)  The court finds that equity favors granting relief to the petitioner.
 15        (3)  Any  order granting the writ should issue without delay and a hearing
 16    should be scheduled. The court may provide a statement of  the  issues  to  be
 17    addressed, and whether evidence will be accepted.
 18        (4)  If  a  court issues an order granting the writ and setting the matter
 19    for hearing, the court may set the hearing at the state, prison or county jail
 20    local or private correctional facility or other appropriate place.
                                                                        
 21        SECTION 7.  That Section 19-4213, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        19-4213.  RELIEF AVAILABLE FOR CONSTITUTIONAL VIOLATIONS DURING THE COURSE
 24    OF REVOCATION OF PAROLE. (1) If a court finds that an in-state prisoner's con-
 25    stitutional  rights  have been violated during the course of revocation of his
 26    parole, the court may, upon specific findings of fact and conclusions of  law,
 27    enter an order directing that the parole revocation proceedings be reconvened.
 28    The order shall identify  the  constitutional  violation  which  occurred  and
 29    direct that the violation be cured.
 30        (2)  The  Idaho  board of correction through the Idaho commission for par-
 31    dons and parole has the exclusive authority to order release  of  an  in-state
 32    prisoner  on  parole  pursuant to section 5, article X, of the constitution of
 33    the state of Idaho and sections 20-210 and 20-223, Idaho Code.
                                                                        
 34        SECTION 8.  That Section 19-4214, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        19-4214.  RELIEF  AVAILABLE  FOR  MISCALCULATION OF SENTENCE. (1) If, upon
 37    findings of fact and conclusions of  law,  a  court  finds  that  an  in-state
 38    prisoner's sentence has been miscalculated, the court may order the prisoner's
 39    sentence  to  be recalculated consistent with the court's findings and conclu-
 40    sions.
 41        (2)  The court may order the prisoner released under this section only  if
 42    the  prisoner  would  be entitled to release due to expiration of his sentence
 43    correctly calculated.
                                                                        
 44        SECTION 9.  That Section 19-4215, Idaho Code, be, and the same  is  hereby
 45    amended to read as follows:
                                                                        
 46        19-4215.  RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS. (1) If the court
 47    finds  that  an in-state prisoner has lost good time credits without constitu-
 48    tionally sufficient due process, the court may order a rehearing by the prison
 49    or jail correctional facility authority.
                                                                        
                                           7
                                                                        
  1        (2)  Any court order requiring rehearing shall specify:
  2        (a)  How due process was constitutionally insufficient and direct that the
  3        insufficiency be cured; and
  4        (b)  Provide that the prison or jail officials of the correctional  facil-
  5        ity  shall  have  not  less  than thirty (30) days in which to convene the
  6        rehearing.
  7        (3)  The prison or jail correctional facility  authority  shall  have  the
  8    responsibility  for the recalculation and restoration of good time credits. If
  9    good time credits are restored to the petitioner as a result of the rehearing,
 10    and restoration of good time credits entitles the petitioner  to  release,  he
 11    shall be so released.
                                                                        
 12        SECTION  10.  That Section 19-4216, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        19-4216.  RELIEF AVAILABLE FOR DETAINERS. (1)  An  in-state  prisoner  may
 15    petition  for  writ  of  habeas corpus to challenge the legality of a detainer
 16    which has been lodged against him by another state under the interstate agree-
 17    ment on detainers, chapter 50, title 19, Idaho Code.
 18        (2)  The court may set a hearing on a petition for writ of  habeas  corpus
 19    to  inquire  into factual issues involving the legality of the detainer or the
 20    legality of delivery of the  prisoner  to  the  prosecuting  state  under  the
 21    detainer.  However,  if  the  petition  involves  legal issues only, the court
 22    shall decide the matter without hearing consistent with section 19-4209, Idaho
 23    Code.
                                                                        
 24        SECTION 11.  That Section 19-4217, Idaho Code, be, and the same is  hereby
 25    amended to read as follows:
                                                                        
 26        19-4217.  INJUNCTIVE  RELIEF AVAILABLE TO PRISONERS AND OTHER INSTITUTION-
 27    ALIZED PERSONS IN CONDITIONS OF CONFINEMENT CASES. (1) If the court finds that
 28    a prisoner's or other institutionalized person's  constitutional  rights  have
 29    been violated involving conditions of confinement, the court may order injunc-
 30    tive  relief  consistent with and subject to the limitations set forth in this
 31    chapter.
 32        (2)  If the court concludes that injunctive relief is  necessary  to  cure
 33    unconstitutional  conditions  of  confinement,  the court shall enter an order
 34    subject to the following limitations:
 35        (a)  Any order for injunctive relief  shall  be  accompanied  by  specific
 36        findings of fact and conclusions of law;
 37        (b)  Injunctive  relief shall be narrowly drawn and extend no further than
 38        necessary to correct the violation of the constitutional right;
 39        (c)  Injunctive relief must be the least intrusive means necessary to cor-
 40        rect the constitutional violation;
 41        (d)  The court shall give substantial weight to any adverse impact on pub-
 42        lic safety;
 43        (e)  The court shall give  substantial  deference  to  the  discretion  of
 44        administrators  of  the institution or the state, local or private correc-
 45        tional facility;
 46        (f)  The administrator of the institution, or of the state, local or  pri-
 47        vate  correctional facility shall be given all reasonable opportunities to
 48        correct state or federal constitutional errors  made in the internal oper-
 49        ations of the institution and shall be charged with the task  of  devising
 50        constitutionally sound modifications to their operations.
                                                                        
                                           8
                                                                        
  1        SECTION  12.  That Section 19-4219, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        19-4219.  IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE  RELIEF
  4    IN  CONDITIONS  OF  CONFINEMENT CASES. (1) In any civil action with respect to
  5    conditions of confinement, the administrator of the  institution,  or  of  the
  6    state, local or private correctional facility, or intervenor shall be entitled
  7    to  the  immediate  termination  of  any  prospective relief if the relief was
  8    approved or granted in the absence of an express finding by the court that the
  9    relief:
 10        (a)  Is narrowly drawn;
 11        (b)  Extends no further than necessary to correct  the  violation  of  the
 12        constitutional right; and
 13        (c)  Is  the  least  intrusive means necessary to correct the violation of
 14        the constitutional right.
 15        (2)  Prospective relief shall not terminate if the  court  makes   written
 16    findings based on the record that the prospective relief:
 17        (a)  Remains  necessary  to  correct a current or ongoing violation of the
 18        constitutional right;
 19        (b)  Extends no further than necessary to correct  the  violation  of  the
 20        constitutional right;
 21        (c)  Is narrowly drawn; and
 22        (d)  Is the least intrusive means to correct the violation.
 23        (3)  Nothing in this section shall prevent the administrator of the insti-
 24    tution, or of the state, local or private correctional facility, or intervenor
 25    from seeking modification or termination before the relief is terminable under
 26    subsection  (1) or (2) of this section to the extent that modification or ter-
 27    mination would otherwise be legally permissible.
                                                                        
 28        SECTION 13.  That Section 19-4221, Idaho Code, be, and the same is  hereby
 29    amended to read as follows:
                                                                        
 30        19-4221.  SUCCESSIVE  CLAIMS.  In  no event shall a prisoner bring a civil
 31    action or appeal a judgment in a civil action or proceeding  if  the  prisoner
 32    has, on two (2) or more prior occasions, while incarcerated or detained in any
 33    prison,  jail  or other state, local or private correctional facility, brought
 34    an action or appeal in a court of this state that was dismissed on any  ground
 35    set forth in section 19-4209(1)(a) through (d), Idaho Code, unless:
 36        (1)  The  prisoner  first  obtains  leave  from  the district court having
 37    jurisdiction over the case; or
 38        (2)  The prisoner's action or petition  is  submitted  for  filing  by  an
 39    attorney licensed to practice law in the state of Idaho.
                                                                        
 40        SECTION  14.  That Section 19-4222, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        19-4222.  PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL ILLNESS REQUIRED.  No
 43    civil  action may be brought by a prisoner confined in a jail, prison or other
 44    state, local or private correctional facility for mental or  emotional  injury
 45    suffered while in custody without a prior showing of either:
 46        (1)  Physical injury; or
 47        (2)  Diagnosed severe and disabling mental illness.
                                                                        
 48        SECTION  15.  An  emergency  existing  therefor, which emergency is hereby
 49    declared to exist, this act shall be in full force and effect on and after its
                                                                        
                                           9
                                                                        
  1    passage and approval.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 10234 
     
     This legislation amends the current habeas corpus statute to specify the relief
     available by way of habeas corpus to a prisoner convicted of a crime in another
     state but housed in a private correctional facility in this state. The amendments
     clarify that an out-of-state prisoner can only challenge his conditions of
     confinement. 
     
     
     
                     FISCAL NOTE
     
     The legislation will have no fiscal impact. 
     
     
     
               CONTACT:  Senator Bart Davis
               332-1000 
     
     
     
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                                 S 1550