Idaho State Statutes - Idaho Attorney Directory

The jury sworn to try any felony
may, at any time during the trial, and after the submission of the cause, in
the discretion of the court, be permitted to separate, or they may be kept
together, in the charge of a proper officer. Provided however, that in causes
where the defendant has been charged with first-degree murder, the jury may
not be permitted to separate after submission of the cause and completion of
the special sentencing proceeding held pursuant to section 19-2515 or
19-2515A, Idaho Code. Before permitting the jury to separate after the cause
has been submitted, the court shall permit counsel to place objections, if
any, on the record outside the presence of the jury. In case the court orders
the jury to be kept together the county must provide a suitable place for the
board and lodging of the jury, at the expense of the county, and when first
given custody of the jury the officer or bailiff must be sworn to keep the
jury together during each recess and adjournment during the trial; to allow no
person to speak to or communicate with them, or any of them, nor to do so
himself, on any subject connected with the trial, and to return them into
court as ordered by the court.

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