Idaho State Statutes - Idaho Attorney Directory

(1) The director of the
department of correction or his designee shall have the authority to apply to
the magistrates division of the district court of Ada county for a warrant for
the arrest, detention and return to custody of any person committed to the
custody of the department of correction under a judgment of conviction who,
prior to satisfying the full term of his judgment of conviction and sentence,
has either:
(a) Escaped or absconded from the custody or supervision of the
department; or
(b) Been released for any reason by the department or by any law
enforcement agency, department of correction or other agency in this state
or another state.
(2) The magistrate shall issue a warrant upon submission by the director
or his designee of an affidavit that:
(a) Identifies the person sought;
(b) Demonstrates that such person has been committed to the custody of
the department of correction under a judgment of conviction; and
(c) Demonstrates that, prior to satisfying the full term of his judgment
of conviction and sentence, the person sought has either:
(i) Escaped or absconded from the custody or supervision of the
department; or
(ii) Been released for any other reason by the department or by any
law enforcement agency, department of correction or other agency in
this state or another state.
(3) Any person who is arrested and detained pursuant to this section
shall be ineligible for bond, bail or release on his own recognizance.
(4) Any person arrested and detained pursuant to this section shall have
the right to a hearing to confirm that:
(a) He is the person identified in the warrant; and
(b) An unsatisfied portion of his judgment of conviction and sentence
remains to be served.
(5) A warrant issued pursuant to this section shall remain in effect
until:
(a) The warrant is quashed by order of a court;
(b) The person identified in the warrant is returned to the custody of
the department of correction; or
(c) The sentence of the person identified in the warrant is otherwise
deemed satisfied.
(6) The issuance of a warrant pursuant to this section shall not negate
or interfere with the issuance of warrants under any other provision of law.
(7) A warrant issued pursuant to this section shall be sufficient for any
peace officer to arrest, detain and return to the custody of the department of
correction any person described in the warrant. It shall be the duty of all
peace officers to execute the warrant in the same manner as ordinary process
and to return any person arrested pursuant to this section to the custody of
the department of correction.
(8) A person who is detained pursuant to a warrant issued under this
section may apply for an order quashing the warrant. An action to quash a
warrant issued under this section may be brought in Ada county, Idaho or in
the county in Idaho in which a person arrested under such a warrant is
detained. A warrant issued under this section shall be quashed upon a showing
that the person sought or detained is not the person identified in the warrant
or that the person's sentence has been completed or has otherwise been deemed
satisfied.

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