TITLE 19

CRIMINAL PROCEDURE

CHAPTER 58

ADDRESS CONFIDENTIALITY FOR LAW ENFORCEMENT OFFICERS

19-5801.  definitions. As used in this chapter:

(1)  "Alternative Idaho mailing address" means the address of a law enforcement officer’s employing entity.

(2)  "Application" means a written form prescribed and made available by the Idaho peace officer standards and training council. Such application shall contain, at minimum, all of the following:

(a)  A sworn statement by the law enforcement officer’s employing entity that the applicant is in fact a law enforcement officer as defined in subsection (6) of this section;

(b)  A sworn statement by the law enforcement officer that names such officer’s residing household member(s), if any, as defined in subsection (11) of this section;

(c)  The alternative Idaho mailing address as defined in subsection (1) of this section, and the telephone number or numbers where the law enforcement officer and such officer’s residing household member(s) can be contacted by the public agency; and

(d)  A sworn statement by the law enforcement officer that such officer knowingly and voluntarily designates his or her employing entity as agent for purposes of service of process and receipt of first class, certified or registered mail.

(3)  "County detention officer" means an employee in a county jail who is responsible for the safety, care, protection and monitoring of county jail inmates.

(4)  "Custodian" as defined in section 74-101, Idaho Code.

(5)  "Federal officer" means a special agent or law enforcement officer who is a resident of this state employed by a federal agency and who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.

(6)  "Law enforcement officer" means any current federal officer, peace officer, parole officer, probation officer, correctional officer, county detention officer and any person who prosecutes criminal cases. The term "law enforcement officer" shall not include a person who holds an elected office.

(7)  "Parole officer" means an employee of the Idaho department of correction who is charged with or whose duties include supervision of parolees.

(8)  "Peace officer" means any employee of a police or law enforcement agency which is a part of or administered by the state or any political subdivision thereof and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic or highway laws of this state or any political subdivision. "Peace officer" also means an employee of a police or law enforcement agency of a federally recognized Indian tribe who has satisfactorily completed the peace officer standards and training academy and has been deputized by a sheriff of a county or a chief of police of a city of the state of Idaho.

(9)  "Probation officer" means an employee of the Idaho department of correction or of the Idaho department of juvenile corrections who is charged with or whose duties include supervision of probationers.

(10) "Public agency" as is defined in section 74-101, Idaho Code.

(11) "Residing household member(s)" means a law enforcement officer’s spouse and any child or children who currently reside at the same residential street address as such officer.

History:

[19-5801, added 2010, ch. 225, sec. 2, p. 504; am. 2015, ch. 141, sec. 21, p. 402; am. 2017, ch. 192, sec. 11, p. 456.]