Idaho Statutes

§ 19-4215 — RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS

Idaho·Title 19 CRIMINAL PROCEDURE·Ch. 42 HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT
(1)If the court finds that an in-state prisoner has lost good time credits without constitutionally sufficient due process, the court may order a rehearing by the correctional facility authority.
(2)Any court order requiring rehearing shall specify:
(a)How due process was constitutionally insufficient and direct that the insufficiency be cured; and
(b)Provide that the officials of the correctional facility shall have not less than thirty (30) days in which to convene the rehearing.
(3)The correctional facility authority shall have the responsibility for the recalculation and restoration of good time credits. If good time credits are restored to the petitioner as a result of the rehearing, and restoration of good time credits entitles the petitioner to release, he shall be so released.

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Related

Stockwell v. State
573 P.2d 116 (Idaho Supreme Court, 1977)
57 case citations
Carey v. State
429 P.2d 836 (Idaho Supreme Court, 1967)
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State v. O'BRYAN
531 P.2d 1193 (Idaho Supreme Court, 1975)
47 case citations
Stokes v. State
411 P.2d 392 (Idaho Supreme Court, 1966)
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Application of Carpenter
401 P.2d 800 (Idaho Supreme Court, 1965)
5 case citations
O'Neill v. State
452 P.2d 989 (Idaho Supreme Court, 1969)
3 case citations
State v. Bauman
406 P.2d 810 (Idaho Supreme Court, 1965)
2 case citations

Legislative History

[19-4215, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 9, p. 783.]

Nearby Sections

15
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