(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.

Terms Used In Idaho Code 19-4205

  • Correctional facility: means a facility for the confinement of prisoners. See Idaho Code 19-4201A
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • In-state prisoner: means a person who has been convicted of a crime in the state of Idaho and is either incarcerated in a correctional facility for that crime or is in custody for trial and sentencing. See Idaho Code 19-4201A
  • Oath: A promise to tell the truth.
  • Out-of-state prisoner: means a person who has been convicted of and sentenced for a crime in a state other than the state of Idaho, or under the laws of the United States or other foreign jurisdiction, and who is being housed in any state, local or private correctional facility in the state of Idaho, or who is being transported in any manner within or through the state of Idaho. See Idaho Code 19-4201A
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Prisoner: includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise. See Idaho Code 19-4201A
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
    • (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.