19-4215. RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS. (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.
History:
[19-4215, added 1999, ch. 376, sec. 2, p. 1032; am. 2000, ch. 271, sec. 9, p. 783.]
Structure Idaho Code
Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT
Section 19-4201 - SHORT TITLE.
Section 19-4201A - DEFINITIONS.
Section 19-4202 - JURISDICTION TO CONSIDER PETITIONS FOR WRIT OF HABEAS CORPUS.
Section 19-4203 - WHO MAY PETITION FOR A WRIT OF HABEAS CORPUS.
Section 19-4204 - APPLICATION FOR WRIT OF HABEAS CORPUS BY A PERSON NOT A PRISONER.
Section 19-4205 - APPLICATION FOR WRIT OF HABEAS CORPUS BY A PRISONER.
Section 19-4207 - APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF ANOTHER.
Section 19-4208 - GENERAL PROCEDURES GOVERNING HABEAS CORPUS PROCEEDINGS.
Section 19-4209 - PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS.
Section 19-4210 - DISCOVERY IN HABEAS CORPUS PROCEEDINGS.
Section 19-4211 - ISSUANCE OF WRIT OF HABEAS CORPUS.
Section 19-4212 - INJUNCTIVE RELIEF AVAILABLE TO A PERSON NOT A PRISONER.
Section 19-4214 - RELIEF AVAILABLE FOR MISCALCULATION OF SENTENCE.
Section 19-4215 - RELIEF AVAILABLE FOR LOSS OF GOOD TIME CREDITS.
Section 19-4216 - RELIEF AVAILABLE FOR DETAINERS.
Section 19-4220 - SETTLEMENTS AND CONSENT DECREES IN CONDITIONS OF CONFINEMENT CASES.
Section 19-4221 - SUCCESSIVE CLAIMS.
Section 19-4222 - PRIOR SHOWING OF PHYSICAL INJURY OR MENTAL ILLNESS REQUIRED.
Section 19-4223 - RIGHT OF ACCESS TO COURT NOT EXPANDED.
Section 19-4224 - EXCLUSIVE REMEDY.