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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
CRIMINAL PROCEDURE
CHAPTER 42
HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT
19-4205. Application for writ of habeas corpus by a prisoner. (1) Application for a writ of habeas corpus by a prisoner shall be made by filing a petition for a writ of habeas corpus in the district court of the county in which the prisoner claims his confinement or aspects of his confinement violate provisions of the state or federal constitutions.
(2) With respect to a petition filed by an in-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning:
(a) The conditions of his confinement;
(b) The revocation of his parole;
(c) Miscalculation of his sentence;
(d) Loss of good time credits; or
(e) A detainer lodged against him.
(3) With respect to a petition filed by an out-of-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning the conditions of his confinement, as provided in section 19-4203(3), Idaho Code.
(4) A petition filed by a prisoner under subsection (1), (2) or (3) of this section shall specify:
(a) The identity and address of the person or officer whom the prisoner believes is responsible for the alleged state or federal constitutional violations, and shall name the persons identified individually as respondents;
(b) The name, if any, and address of the place in which the prisoner is incarcerated;
(c) The name and address of the place in which the prisoner claims the constitutional violation occurred;
(d) A short and plain statement of the facts underlying the alleged state or federal constitutional violation; and
(e) Whether the petitioner is an out-of-state prisoner.
(5) Neither the state of Idaho, any of its political subdivisions, or any of its agencies, nor any private correctional facility shall be named as respondents in a prisoner petition for writ of habeas corpus.
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