19-4203. WHO MAY PETITION FOR A WRIT OF HABEAS CORPUS. (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.

(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.

History:

[19-4203, added 1999, ch. 376, sec. 2, p. 1027; am. 2000, ch. 271, sec. 2, p. 778.]