Idaho Code
Chapter 2 - STATE BOARD OF CORRECTION
Section 20-212 - RULES — AUTHORITY OF BOARD.

20-212. RULES — AUTHORITY OF BOARD. (1) The state board of correction shall make all necessary rules to carry out the provisions of this chapter not inconsistent with express statutes or the state constitution and to carry out those duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20, Idaho Code. The board shall fix the time and place of meetings, the order of business, the form of records to be kept, the reports to be made, and all other rules necessary to the efficient management and control of the state penitentiary and all properties used in connection therewith. All rules of the board shall be subject to review of the legislature pursuant to sections 67-454, 67-5291 and 67-5292, Idaho Code, but no other provisions of chapter 52, title 67, Idaho Code, shall apply to the board, except as otherwise specifically provided by statute. When making rules required by this section, the board or the department shall submit the rules to the office of the state administrative rules coordinator, in a format suitable to the office of the state administrative rules coordinator as provided in section 67-5202, Idaho Code, and the board or department shall pay all the fees provided in section 67-5205, Idaho Code. The office of the state administrative rules coordinator is authorized and shall publish the board or department’s rules in the administrative bulletin. Additionally, whenever the board or department desires to amend, modify or repeal any of its rules, it shall follow the procedure provided in this section. All rules, or the amendment or repeal of rules shall be effective thirty (30) days after the date of publication by the office of the administrative rules coordinator. If the board determines that the rules need to be effective at a sooner date, they shall issue a proclamation indicating that the public health, safety and welfare is in jeopardy and, if the governor agrees, the rules shall be effective upon the governor signing the proclamation.
(2) "Rule" as used in this section means the whole or a part of the board of correction or department of correction’s statement of general applicability that has been promulgated in compliance with the provisions of this section and that implements, interprets or prescribes:
(a) Law or policy; or
(b) The procedure or practice requirements of the board or department. The term includes the amendment, repeal, or suspension of an existing rule, but does not include:
(i) Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public; or
(ii) Declaratory rulings issued pursuant to statute or the board’s rules; or
(iii) Intra-department memoranda; or
(iv) Any written statements given by the department or board which pertain to an interpretation of a rule or to the documentation of compliance with a rule.
(3) At the same time that the proclamation of rulemaking is filed with the coordinator, the board or department shall provide the same notice, accompanied by the full text of the rule under consideration in legislative format, as well as a statement of the substance of the intended action, to the director of legislative services. If the rulemaking is based upon a requirement of federal law or regulation, a copy of that specific federal law or regulation shall accompany the submission to the director of legislative services. The director of legislative services shall analyze and refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code.
(4) The board or department shall prepare and deliver to the germane joint subcommittee a statement of economic impact with respect to a rule if the germane joint subcommittee files a written request with the board or department for such a statement. The statement shall contain an evaluation of the costs and benefits of the rule, including any health, safety, or welfare costs and benefits. The adequacy of the contents of the statement of economic impact is not subject to judicial review.

History:
[20-212, added 1947, ch. 53, sec. 12, p. 59; am. 1999, ch. 311, sec. 3, p. 775; am. 2000, ch. 228, sec. 1, p. 641; am. 2001, ch. 335, sec. 13, p. 1193.]

Structure Idaho Code

Idaho Code

Title 20 - STATE PRISON AND COUNTY JAILS

Chapter 2 - STATE BOARD OF CORRECTION

Section 20-201 - DEPARTMENT OF CORRECTION CREATED.

Section 20-201A - BOARD CREATED — APPOINTMENT — NONPARTISAN — TERMS — VACANCIES — DELEGATION OF AUTHORITY.

Section 20-202 - INTERIM APPOINTMENTS — CHAIRMAN.

Section 20-203 - REMOVAL OF MEMBERS — GROUNDS — HEARING AND PROCEEDINGS.

Section 20-204 - POLITICAL ACTIVITY OF BOARD MEMBERS OR EMPLOYEES RESTRICTED.

Section 20-205 - QUALIFICATIONS OF BOARD OR BOARD MEMBERS.

Section 20-206 - ORGANIZATION OF BOARD — ELECTION OF VICE-CHAIRMAN AND SECRETARY, TERMS.

Section 20-207 - OFFICE OF BOARD AT PENITENTIARY — MEETINGS — QUORUM — MAJORITY VOTE.

Section 20-208 - SALARIES AND EXPENSES OF BOARD MEMBERS.

Section 20-209 - CONTROL AND MANAGEMENT OF CORRECTIONAL FACILITIES AND PRISONERS — REHABILITATIVE SERVICES — RULES.

Section 20-209A - COMPUTATION OF TERM.

Section 20-209B - DUTY TO CONTROL DISTURBANCES AT STATE PENITENTIARY.

Section 20-209C - AUTHORITY TO DESIGNATE EMPLOYEES AS PEACE OFFICERS.

Section 20-209D - FORFEITURE OF CONTRABAND PROPERTY OR MONEY FOUND IN POSSESSION OF INMATES.

Section 20-209E - PRISON DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS.

Section 20-209F - WARRANTS FOR CERTAIN FUGITIVES.

Section 20-209G - AUTHORITY TO INVESTIGATE AND ISSUE SUBPOENAS.

Section 20-209H - DUTY TO ESTABLISH INMATE ACCOUNTS — PAYMENT OF RESTITUTION.

Section 20-209I - ASSIGNMENT OF INMATES TO DO CONSERVATION WORK.

Section 20-211 - RECORDS, FUNDS AND PROPERTY OF SUPERSEDED AGENCIES — DELIVERY TO BOARD OF CORRECTIONS [CORRECTION].

Section 20-212 - RULES — AUTHORITY OF BOARD.

Section 20-214 - ASSISTANTS AND OFFICERS.

Section 20-216 - RECORDS, REPORTS AND STATISTICS.

Section 20-217A - APPOINTMENT OF DIRECTOR — SALARY — POWERS AND DUTIES.

Section 20-218 - ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES.

Section 20-219 - PROBATION AND PAROLE SUPERVISION AND TRAINING — LIMITED SUPERVISION — RULEMAKING.

Section 20-219A - IMPERSONATING A PROBATION/PAROLE OFFICER, A PRESENTENCE INVESTIGATOR OR CORRECTIONAL OFFICER — OFFICIAL BADGE AND IDENTIFICATION CARD.

Section 20-220 - INVESTIGATION AND EXAMINATION TO PRECEDE PROBATION OR SUSPENSION OF SENTENCE.

Section 20-221 - MODIFICATION OF TERMS OR CONDITIONS OF PROBATION OR SUSPENSION OF SENTENCE — TERMINATION OF PROBATION.

Section 20-222 - FIXED PERIOD OF PROBATION OR SUSPENSION OF SENTENCE — REARREST AND REVOCATION.

Section 20-223 - PAROLE — LEGISLATIVE INTENT — REQUIRED REPORT.

Section 20-224 - INFORMATION REGARDING PRISONERS TO BE SECURED.

Section 20-225 - PAYMENT FOR COST OF SUPERVISION.

Section 20-225A - PAYMENT FOR INTERSTATE COMPACT APPLICATION.

Section 20-226 - RECORDS OF PRISONERS.

Section 20-227 - ARREST OF PAROLEE, PROBATIONER OR PERSON UNDER DRUG COURT OR MENTAL HEALTH COURT SUPERVISION WITHOUT WARRANT — AGENT’S WARRANT — DETENTION — REPORT TO COMMISSION OR COURT.

Section 20-228A - PAROLE SUBPOENA TO ASSIST IN APPREHENDING PAROLE ABSCONDERS.

Section 20-230 - APPLICATION TO CONVICTIONS PRIOR TO ACT

Section 20-235 - CERTIFICATION AND WARRANTS FOR EXPENSES.

Section 20-236 - MEMBERS OR EMPLOYEES OF BOARD NOT TO BE INTERESTED IN CONTRACTS — PENALTY FOR VIOLATION.

Section 20-237 - TRANSMISSION OF CONVICTED PERSONS TO PENITENTIARY OR CUSTODY OF BOARD — NOTICE OF CONVICTION TO DIRECTOR — TRANSPORTED BY GUARDS — TIME FOR NOTICE.

Section 20-237A - FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT.

Section 20-237B - MEDICAL COSTS OF STATE PRISONERS HOUSED IN CORRECTIONAL FACILITIES.

Section 20-238 - CLOTHING AND TRANSPORTATION TO BE FURNISHED PRISONERS UPON PAROLE OR FINAL DISCHARGE.

Section 20-239 - DISCHARGE UPON SERVICE OF MAXIMUM TERM.

Section 20-239A - RELEASE UPON GRANT OF PAROLE.

Section 20-241 - ACCEPTANCE OF FEDERAL OR OTHER FUNDS OR PROPERTY.

Section 20-241A - AGREEMENTS FOR CONFINEMENT OF INMATES.

Section 20-242 - FURLOUGH.

Section 20-242A - INMATE INCENTIVE PAY.

Section 20-243 - DELIVERY OF CONVICTED PERSON TO PENITENTIARY OR BOARD — COPY OF COMMITMENT — RECEIPT FOR DELIVERY OF PRISONER.

Section 20-244 - GOVERNMENT AND DISCIPLINE OF THE CORRECTIONAL FACILITY — RULES AND REGULATIONS.

Section 20-245 - OFFENDER LABOR ON STATE AND COMMUNITY SERVICE PROJECTS.

Section 20-246 - PENITENTIARY — POWERS OF BOARD OF CORRECTION.

Section 20-247 - TRANSFER OF PRISONER TO FEDERAL PENAL OR CORRECTIONAL INSTITUTION.

Section 20-248 - CONTRACT FOR CARE OF TRANSFERRED PRISONER.

Section 20-249 - TRANSFERRED PRISONER SUBJECT TO TERMS OF ORIGINAL SENTENCE.

Section 20-250 - DEPARTMENT OF CORRECTION REPORTING REQUIREMENTS.