(1) Any person, not a prisoner as defined in section 19-4201A, Idaho Code, who believes he is unlawfully restrained of his liberty in this state may file a petition for writ of habeas corpus to request that the court inquire into the cause and/or legality of the restraint.
(2)  An in-state prisoner, as defined in section 19-4201A, Idaho Code, or a person who is restrained of his liberty while involved in parole revocation proceedings, or while held on an agent or commission warrant in this state, may file a petition for writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning:
(a)  The conditions of his confinement;
(b)  Revocation of parole;
(c)  Miscalculation of his sentence;
(d)  Loss of good time credits;
(e)  A detainer lodged against him.
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Terms Used In Idaho Code 19-4203

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Correctional facility: means a facility for the confinement of prisoners. See Idaho Code 19-4201A
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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. See Idaho Code 19-4201A
  • 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. See Idaho Code 19-4201A
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Prisoner: includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise. See Idaho Code 19-4201A
  • Private correctional facility: means a correctional facility owned or operated in the state of Idaho by a private prison contractor. See Idaho Code 19-4201A
  • 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. See Idaho Code 19-4201A
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • 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. See Idaho Code 19-4201A
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114
    • (3)  An out-of-state prisoner, as defined in section 19-4201A, Idaho Code, may file a petition for writ of habeas corpus only to request that an Idaho court inquire into a state or federal constitutional question concerning the conditions of his confinement. Habeas corpus relief shall not be available for an out-of-state prisoner to challenge:
    (a)  Any issue concerning the legality of his out-of-state conviction or sentence;
    (b)  Any issue concerning the legality of the fact or duration of his confinement in this state;
    (c)  Any issue concerning the legality of the contract or agreement or any terms thereof pursuant to which he is housed in this state;
    (d)  Any issue concerning the grant, denial or revocation of parole for his out-of-state conviction and sentence;
    (e)  Miscalculation of his out-of-state sentence;
    (f)  Loss of out-of-state good time credits or lack of (failure to grant) good time credits under the laws of the state of Idaho;
    (g)  A detainer lodged against him.
    (4)  Habeas corpus shall not be used as a substitute for, or in addition to, a direct appeal of a criminal conviction or proceedings under Idaho criminal rule 35 or the uniform post-conviction procedures act, chapter 49, title 19, Idaho Code, and the statutes of limitations imposed therein.
    (5)  Habeas corpus shall not be used as a substitute for or in addition to proceedings available in child custody matters and proceedings under the Idaho domestic violence crime prevention act, chapter 63, title 39, Idaho Code.
    (6)  Habeas corpus is an individual remedy only.
    (7)  For purposes of this chapter and any other civil challenges to conditions of confinement, the term "conditions of confinement" shall be defined as any civil proceeding with respect to a condition in any state or county institution, or state, local or private correctional facility, as those terms are defined in section 19-4201A, Idaho Code, arising under state or federal law pertaining to the conditions of confinement or the effects of actions by government officials or employees of a private prison contractor while employed at a private correctional facility in the state of Idaho on the life of a person confined in a state or county institution, or a state, local or private correctional facility.