(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.

Terms Used In Idaho Code 19-4219

  • Correctional facility: means a facility for the confinement of prisoners. See Idaho Code 19-4201A
  • Private correctional facility: means a correctional facility owned or operated in the state of Idaho by a private prison contractor. 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
(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.