Idaho Code

Idaho Code § 18-101A (2026)

Definitions. 

✓ current as of May 2026
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Definitions. 

As used in titles 18, 19 and 20, Idaho Code, and elsewhere in the Idaho Code, unless otherwise specifically provided or unless the context clearly indicates or requires otherwise, the following terms shall be defined as follows:

(1)  "Correctional facility" means a facility for the confinement of prisoners or juvenile offenders. The term shall be construed to include references to terms including, but not limited to, "prison," "state prison," "state penitentiary," "governmental detention facility," "penal institution (facility)," "correctional institution," "juvenile correctional center," "Idaho security medical program," "detention institution (facility)," "juvenile detention center (facility)," "county jail," "jail," "private prison (facility)," "private correctional facility," or those facilities that detain juvenile offenders pursuant to a contract with the Idaho department of juvenile corrections.
(2)  "In-state prisoner" means any person who has been charged with or convicted of a crime in the state of Idaho or who is being detained pursuant to a court order, and:
(a)  Who is being housed in any state, local or private correctional facility; or
(b)  Who is being transported in any manner within or through the state of Idaho.
(3)  "Local correctional facility" means a facility for the confinement of prisoners operated by or under the control of a county or city. The term shall include references to "county jail," or "jail." The term shall also include a private correctional facility housing prisoners under the custody of the state board of correction, the county sheriff or other local law enforcement agency.
(4)  "Out-of-state prisoner" or "out-of-state inmate" means any person who is 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:
(a)  Who is being housed in any state, local or private correctional facility in the state of Idaho; or
(b)  Who is being transported in any manner within or through the state of Idaho.
(5)  "Parolee" means a person who has been convicted of a felony and who has been placed on parole by the Idaho commission of pardons and parole or similar body of another state, the United States, or a foreign jurisdiction, who is not incarcerated in any state, local or private correctional facility, and who is being supervised by employees of the Idaho department of correction.
(6)  "Prisoner" means a person who has been convicted of a crime in the state of Idaho or who is being detained pursuant to a court order, or who is 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:
(a)  Who is being housed in any state, local or private correctional facility; or
(b)  Who is being transported in any manner within or through the state of Idaho.
The term shall be construed to include references to terms including, but not limited to, "inmate," "convict," "detainee," and other similar terms and shall include "out-of-state prisoner" and "out-of-state inmate."
(7)  "Private correctional facility" or "private prison (facility)" means a correctional facility constructed or operated in the state of Idaho by a private prison contractor.
(8)  "Private prison contractor" means any person, organization, partnership, joint venture, corporation or other business entity engaged in the site selection, design, design/building, acquisition, construction, construction/management, financing, maintenance, leasing, leasing/purchasing, management or operation of private correctional facilities or any combination of these services.
(9)  "Probationer" means a person who has been placed on felony probation by an Idaho court, or a court of another state, the United States, or a foreign jurisdiction, who is not incarcerated in any state, local or private correctional facility, and who is being supervised by employees of the Idaho department of correction.
(10)  "Repeat offender" means, for the purposes of sections 18-8002, 18-8002A, 18-8004C and 18-8005, Idaho Code, a person who has been convicted of driving while intoxicated or driving under the influence of alcohol and/or drugs more than once in any five (5) year period for the purposes of sections 18-8002A and 18-8004C, Idaho Code, or any ten (10) year period for the purposes of sections 18-8002 and 18-8005, Idaho Code.
(11) "State correctional facility" means a facility for the confinement of prisoners, owned or operated by or under the control of the state of Idaho. The term shall include references to "state prison," "state penitentiary" or "state penal institution (facility)." The term shall also include a private correctional facility housing prisoners under the custody of the board of correction.
(12) "Supervising officer" means an employee of the Idaho department of correction who is charged with or whose duties include supervision of felony parolees or felony probationers.
(13) "Juvenile offender" means a person younger than eighteen (18) years of age or who was younger than eighteen (18) years of age at the time of any act, omission, or status for which the person is being detained in a correctional facility pursuant to court order.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2003–2025 · leading case: State v. Burke, 462 P.3d 599 (Idaho 2020).
State v. Burke, 462 P.3d 599 (Idaho 2020). · cites it 14× “Likewise, in Idaho Code section 18-101A, which contains a series of definitions that are applicable throughout the criminal code, the term “correctional facility” is defined as a facility for the confinement of prisoners or juvenile offenders.”
State v. Shanks, 75 P.3d 206 (Idaho Ct. App. 2003). · cites it 4× “The State relies upon the definition of “prisoner” provided in I.C. § 18-101A, the general definitions portion of the Idaho criminal code.”
Pocatello Hosp., LLC v. Corizon LLC (In Re Decision on Jt. Motion to Certify Question of Law to the Idaho Supreme Court), 444 P.3d 870 (Idaho 2018). · cites it 4× “This limitation applies to all medical care services provided outside the facility, including hospitalizations, professional services, durable and nondurable goods, prescription drugs and medications provided to any and all prisoners confined in a correctional facility, as…”
State v. Burke (Idaho 2020). · cites it 14× “Likewise, in Idaho Code section 18-101A, which contains a series of definitions that are applicable throughout the criminal code, the term “correctional facility” is defined as a facility for the confinement of prisoners or juvenile offenders.”
State v. Morgan (Idaho Ct. App. 2025). · cites it 8× “as follows: Every prisoner charged with, convicted of, or on probation for a felony who is confined in any correctional facility, as defined in section 18-101A, Idaho Code, including any private correctional facility, or who while outside the walls of such correctional facility…”
Richard Leo Oppelt v. State (Idaho Ct. App. 2010). · cites it 10× “Oppelt recognizes that I.C. § 18-101A does not define the term “probation,” but argues that the 1 Both parties to this appeal agree that I.”
— Idaho Code § 18-101A(1) — 3 cases
State v. Burke, 462 P.3d 599 (Idaho 2020). “Likewise, in Idaho Code section 18-101A, which contains a series of definitions that are applicable throughout the criminal code, the term “correctional facility” is defined as a facility for the confinement of prisoners or juvenile offenders.”
Pocatello Hosp., LLC v. Corizon LLC (In Re Decision on Jt. Motion to Certify Question of Law to the Idaho Supreme Court), 444 P.3d 870 (Idaho 2018). “This limitation applies to all medical care services provided outside the facility, including hospitalizations, professional services, durable and nondurable goods, prescription drugs and medications provided to any and all prisoners confined in a correctional facility, as…”
State v. Burke (Idaho 2020). “Likewise, in Idaho Code section 18-101A, which contains a series of definitions that are applicable throughout the criminal code, the term “correctional facility” is defined as a facility for the confinement of prisoners or juvenile offenders.”
— Idaho Code § 18-101A(3) — 1 case
State v. Morgan (Idaho Ct. App. 2025). “as follows: Every prisoner charged with, convicted of, or on probation for a felony who is confined in any correctional facility, as defined in section 18-101A, Idaho Code, including any private correctional facility, or who while outside the walls of such correctional facility…”
— Idaho Code § 18-101A(6) — 3 cases
State v. Burke, 462 P.3d 599 (Idaho 2020). “Likewise, in Idaho Code section 18-101A, which contains a series of definitions that are applicable throughout the criminal code, the term “correctional facility” is defined as a facility for the confinement of prisoners or juvenile offenders.”
State v. Burke (Idaho 2020). “Likewise, in Idaho Code section 18-101A, which contains a series of definitions that are applicable throughout the criminal code, the term “correctional facility” is defined as a facility for the confinement of prisoners or juvenile offenders.”
State v. Morgan (Idaho Ct. App. 2025). “as follows: Every prisoner charged with, convicted of, or on probation for a felony who is confined in any correctional facility, as defined in section 18-101A, Idaho Code, including any private correctional facility, or who while outside the walls of such correctional facility…”
— Idaho Code § 18-101A(9) — 1 case
Richard Leo Oppelt v. State (Idaho Ct. App. 2010). “Oppelt recognizes that I.C. § 18-101A does not define the term “probation,” but argues that the 1 Both parties to this appeal agree that I.”
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