TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 25

ESCAPE OR RESCUE OF PRISONERS

18-2507.  Expense of prosecution — How paid. Whenever a person is prosecuted under any of the provisions of section 18-2505, Idaho Code, and whenever a prisoner in the custody of the board of correction housed in a state correctional facility, as defined in section 18-101A, Idaho Code, shall be prosecuted for any crime committed therein, the clerk of the district court shall make out a statement of all the costs incurred by the county for the prosecution of such case, and for the guarding and keeping of such prisoner, and when certified by the judge who tried the case, such statement shall be submitted to and reviewed by the board of examiners. If approved, the board of examiners shall submit the claim to the Idaho department of correction who shall pay the claim to the treasurer of the county where the trial was conducted. The provisions of this section shall apply to prosecution of a prisoner in the custody of the board of correction and housed in a private correctional facility unless otherwise provided for in any contract between the state of Idaho and the private prison contractor entered into pursuant to chapter 2, title 20, Idaho Code.

Costs of prosecution of all other prisoners housed in a private correctional facility shall be recoverable from the private prison contractor, as provided in section 20-809, Idaho Code.

History:

[18-2507, added 1972, ch. 336, sec. 1, p. 897; am. 1984, ch. 79, sec. 1, p. 146; am. 1985, ch. 80, sec. 1, p. 155; am. 2000, ch. 272, sec. 7, p. 790; am. 2001, ch. 335, sec. 11, p. 1192; am. 2009, ch. 104, sec. 1, p. 320.]