19-4209. PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS. (1) The court may dismiss with prejudice a petition for writ of habeas corpus under this section, in whole or in part, prior to service of the petition on the respondent, if the court finds:

(a) The petition is frivolous as defined in section 12-122, Idaho Code;

(b) The petition has been brought maliciously or solely to harass;

(c) The petition fails to state a claim of constitutional violation upon which relief can be granted;

(d) The alleged constitutional deprivation is de minimis in nature; or

(e) The relief sought is monetary damages or the return of property.

(2) If the court finds that the petition should not be dismissed, then:

(a) The court shall mail a copy of the petition and order of response to the respondent or the respondent’s counsel, if known;

(b) A response must be filed within thirty (30) days from the date the respondent or the respondent’s counsel is served with the petition and order for response. If the court finds that exigent circumstances exist which warrant an earlier response, the court shall set forth those circumstances and the allowed time for response; and

(c) If the court dismisses the petition in part, the court may specify which issues and/or allegations remain at issue for response.

(3) If the court orders a response to a petition for writ of habeas corpus under this section, the respondent may file any responsive motion or pleading allowed by Idaho rules of civil procedure.

(4) Upon the filing of a responsive motion or pleading, a prisoner may file a reply to the response or the court may order a reply to the response on its own motion. The court should consider any reply filed only to the extent it is relevant to the issues and allegations raised in the original petition for writ of habeas corpus.

(5) With respect to a petition filed by an in-state prisoner the court should not grant a writ of habeas corpus or order an evidentiary hearing under this section unless, after reviewing the petition for writ of habeas corpus, the response and the reply, if any, the court finds that the prisoner’s state or federal constitutional rights may have been violated relative to:

(a) Conditions of confinement;

(b) Revocation of parole;

(c) Miscalculation of his sentence;

(d) Loss of good time credits; or

(e) A detainer lodged against him.

If, after review under this subsection, the court finds that the allegations do not state a state or federal constitutional claim, the court may dismiss the petition without a hearing.

(6) With respect to a petition filed by an out-of-state prisoner, the court should not grant a writ of habeas corpus or order an evidentiary hearing under this section unless, after reviewing the petition for writ of habeas corpus, the response and the reply, if any, the court finds that the out-of-state prisoner’s state or federal constitutional rights may have been violated relative to the out-of-state prisoner’s conditions of confinement. If, after review under this subsection, the court finds that the allegations do not state a state or federal constitutional claim, the court may dismiss the petition without a hearing.

(7) If the court issues a writ of habeas corpus and sets the matter for evidentiary hearing, the following shall apply:

(a) The hearing shall be set as expeditiously as possible and may be at a place convenient for the court and the parties, including the institution or the state, local or private correctional facility where the prisoner is confined;

(b) The burden of proof during an evidentiary hearing pursuant to a petition for writ of habeas corpus lies with the prisoner; and

(c) As soon as possible after the conclusion of the hearing, the court shall enter its findings of fact and conclusions of law, and either dismiss the petition in part or in its entirety, or grant injunctive relief consistent with this act.

History:

[19-4209, added 1999, ch. 376, sec. 2, p. 1029; am. 2000, ch. 271, sec. 5, p. 781.]