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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
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
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