TITLE 19

CRIMINAL PROCEDURE

CHAPTER 42

HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT

19-4201A.  Definitions. As used in this chapter:

(1)  "Correctional facility" means a facility for the confinement of prisoners. Unless otherwise specifically provided, the term shall include a state, local or private correctional facility.

(2)  "In-state prisoner" means a person who has been convicted of a crime in the state of Idaho and is either incarcerated in a correctional facility for that crime or is in custody for trial and sentencing.

(3)  "Institution" or "state or county institution" means a place owned or operated by or under the control of the state or county in which a person other than a prisoner is restrained and with respect to which restraint the person may file a petition for a writ of habeas corpus under the provisions of this chapter.

(4)  "Local correctional facility" means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include any reference to "jail" or "county jail."

(5)  "Out-of-state prisoner" means a person who has been convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho.

(6)  "Prisoner" includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise.

(7)  "Private correctional facility" means a correctional facility owned or operated in the state of Idaho by a private prison contractor.

(8)  "Private prison contractor" means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private correctional facilities or any combination of these services.

(9)  "State correctional facility" means a correctional facility owned or operated by or under the control of the state of Idaho.

History:

[19-4201A, added 2000, ch. 271, sec. 1, p. 778.]