19-4219. IMMEDIATE TERMINATION OF ORDER OR DECREE FOR PROSPECTIVE RELIEF IN CONDITIONS OF CONFINEMENT CASES. (1) In any civil action with respect to conditions of confinement, the administrator of the institution, or of the state, local or private correctional facility, or intervenor shall be entitled to the immediate termination of any prospective relief if the relief was approved or granted in the absence of an express finding by the court that the relief:
(a) Is narrowly drawn;
(b) Extends no further than necessary to correct the violation of the constitutional right; and
(c) Is the least intrusive means necessary to correct the violation of the constitutional right.
(2) Prospective relief shall not terminate if the court makes written findings based on the record that the prospective relief:
(a) Remains necessary to correct a current or ongoing violation of the constitutional right;
(b) Extends no further than necessary to correct the violation of the constitutional right;
(c) Is narrowly drawn; and
(d) Is the least intrusive means to correct the violation.
(3) Nothing in this section shall prevent the administrator of the institution, or of the state, local or private correctional facility, or intervenor from seeking modification or termination before the relief is terminable under subsection (1) or (2) of this section to the extent that modification or termination would otherwise be legally permissible.
History:
[19-4219, added 1999, ch. 376, sec. 2, p. 1033; am. 2000, ch. 271, sec. 12, p. 784.]
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.