19-4211. ISSUANCE OF WRIT OF HABEAS CORPUS. (1) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus pursuant to a petition filed by, or, pursuant to section 19-4207, Idaho Code, on behalf of a person not a prisoner if it finds that the restraint of the person’s liberty is illegal.

(2) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus and order a hearing pursuant to a petition filed by a prisoner, or, pursuant to section 19-4207, Idaho Code, on behalf of a prisoner when:

(a) The court has considered the factual allegations contained in the petition together with any responsive pleading filed by the respondent, and a reply filed by the prisoner, if any;

(b) The court finds that the petitioner is likely to prevail on the merits of his state or federal constitutional challenge;

(c) The court finds that the petitioner will suffer irreparable injury if some relief is not granted;

(d) The court finds that the balance of potential harm to the petitioner substantially outweighs any legitimate governmental interest; and

(e) The court finds that equity favors granting relief to the petitioner.

(3) Any order granting the writ should issue without delay and a hearing should be scheduled. The court may provide a statement of the issues to be addressed, and whether evidence will be accepted.

(4) If a court issues an order granting the writ and setting the matter for hearing, the court may set the hearing at the state, local or private correctional facility or other appropriate place.

History:

[19-4211, added 1999, ch. 376, sec. 2, p. 1031; am. 2000, ch. 271, sec. 6, p. 782.]