Idaho § 19-4205 - Application for writ of habeas corpus by a prisoner

Full text of Idaho Idaho Statutes § 19-4205 — Application for writ of habeas corpus by a prisoner, with citation guidance and answers to common questions.

§ 19-4205. Application for writ of habeas corpus by a prisoner

(1) Application for a writ of habeas corpus by a prisoner shall be made by filing a petition for a writ of habeas corpus in the district court of the county in which the prisoner claims his confinement or aspects of his confinement violate provisions of the state or federal constitutions.

(2) With respect to a petition filed by an in-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning:

(a) The conditions of his confinement;

(b) The revocation of his parole;

(c) Miscalculation of his sentence;

(d) Loss of good time credits; or

(e) A detainer lodged against him.

(3) With respect to a petition filed by an out-of-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning the conditions of his confinement, as provided in section 19-4203 (3), Idaho Code.

(4) A petition filed by a prisoner under subsection (1), (2) or (3) of this section shall specify:

(a) The identity and address of the person or officer whom the prisoner believes is responsible for the alleged state or federal constitutional violations, and shall name the persons identified individually as respondents;

(b) The name, if any, and address of the place in which the prisoner is incarcerated;

(c) The name and address of the place in which the prisoner claims the constitutional violation occurred;

(d) A short and plain statement of the facts underlying the alleged state or federal constitutional violation; and

(e) Whether the petitioner is an out-of-state prisoner.

(5) Neither the state of Idaho, any of its political subdivisions, or any of its agencies, nor any private correctional facility shall be named as respondents in a prisoner petition for writ of habeas corpus.

[19-4205, added 1999, ch. 376, sec. 2, p. 1028; am. 2000, ch. 271, sec. 3, p. 779.]

Source: official Idaho text · Last verified 2026-08-27

Frequently Asked Questions About Idaho § 19-4205

What does Idaho Statutes § 19-4205 cover?

Section 19-4205 ("Application for writ of habeas corpus by a prisoner") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Idaho § 19-4205?

A common citation format is "Idaho Statutes § 19-4205" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Idaho law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.

How does Idaho § 19-4205 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.