Unified sentence.
(1) Whenever any person is convicted of having committed a felony, the court shall, unless it shall commute the sentence, suspend or withhold judgment and sentence or grant probation, as provided in chapter 26, title 19, Idaho Code, or unless it shall impose the death sentence as provided by law, sentence such offender to the custody of the state board of correction. The court shall specify a minimum period of confinement and may specify a subsequent indeterminate period of custody. The court shall set forth in its judgment and sentence the minimum period of confinement and the subsequent indeterminate period, if any, provided, that the aggregate sentence shall not exceed the maximum provided by law. During a minimum term of confinement, the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct except for meritorious service as provided in section 20-101D, Idaho Code, or for medical parole as provided in section 20-1006, Idaho Code. The offender may be considered for parole or discharge at any time during the indeterminate period of the sentence and as provided in section 20-1006, Idaho Code.
(2) If the offense carries a mandatory minimum penalty as provided by statute, the court shall specify a minimum period of confinement consistent with such statute. If the offense is subject to an enhanced penalty as provided by statute, or if consecutive sentences are imposed for multiple offenses, the court shall, if required by statute, direct that the enhancement or each consecutive sentence contain a minimum period of confinement; in such event, all minimum terms of confinement shall be served before any indeterminate periods commence to run.
(3) Enactment of this amended section shall not affect the prosecution, adjudication or punishment of any felony committed before the effective date of enactment.
Notes of Decisions
State v. Dameniel Preston Owens, 343 P.3d 30 (Idaho 2015).
· cites it 12× “That is because the judge sentenced Owens to a “unified sentence (I.C. § 19-2513) of 15 months; which unified sentence is comprised of a minimum (fixed) period of confinement of six months, followed by an indeterminate period of custody of nine months,” for each of eight counts…”
State v. Hernandez, 832 P.2d 1162 (Idaho Ct. App. 1992).
· cites it 16× “However, this conclusion does not end the technical part of our analysis. At the time the court sentenced Hernandez for both charges, the Unified Sentencing Act was in effect.”
State v. Wilson, 672 P.2d 237 (Idaho Ct. App. 1984).
· cites it 31× “When section 19-2513A was added in 1977, all sentences imposed for felony convictions had been subject to Idaho's indeterminate sentencing law, I.C. § 19-2513. That law provides in part: Whenever any person is convicted of having committed a felony, the court shall, unless it…”
State v. Rawson, 597 P.2d 31 (Idaho 1979).
· cites it 20× “Thus, rather than sentence Rawson to an indeterminate sentence under I.C. § 19-2513, the district court judge exercised his discretion under I.”
State v. Broadhead, 814 P.2d 401 (Idaho 1991).
· cites it 8× “I.C. § 19-2513. We have adopted the rule established by the Court of Appeals that the fixed portion of a sentence imposed under the Unified Sentencing Act "is the term of confinement for the purpose of appellate review.”
State v. Harrington, 990 P.2d 144 (Idaho Ct. App. 1999).
· cites it 16× “§ 19-2514 imposes a mandatory sentence by analogy to I.C. § 19-2513, the Unified Sentence Act.”
State v. Burnight, 978 P.2d 214 (Idaho 1999).
· cites it 4× “Idaho Code § 19-2513 provides that “all minimum terms of confinement shall be served before any indeterminate periods commence to run.”
State v. Paul, 800 P.2d 113 (Idaho Ct. App. 1990).
· cites it 13× “] Idaho Code § 19-2513 , the unified sentencing statute, states: Whenever any person is convicted of having committed a felony, the court shall, .”
State v. Hernandez, 822 P.2d 1011 (Idaho Ct. App. 1991).
· cites it 2× “Rather, he argues that because continued incarceration would further none of the substantive sentencing goals, the district court abused its discretion by refusing to reduce his original sentence. In reviewing a sentence imposed under the Unified Sentencing Act, we treat the…”
State v. Stover, 104 P.3d 969 (Idaho 2005).
· cites it 4× “I.C. § 19-2513. The Blakely Court recognized that an indeterminate sentencing system does not violate the Sixth Amendment: First, the Sixth Amendment by its terms is not a limitation on judicial power, but a reservation of jury power.”
State v. Christopher D. Griffith, 336 P.3d 816 (Idaho Ct. App. 2014).
· cites it 12× “Griffith argues that Idaho Code § 19-2513 limits the discretion of the sentencing court when a crime carries a mandatory fixed term.”
State v. Hayes, 824 P.2d 163 (Idaho Ct. App. 1992).
· cites it 13× “Idaho Code § 19-2513 , the Unified Sentencing law, provides that “If [an] offense carries a mandatory minimum penalty as provided by statute, the court shall specify a minimum period of confinement consistent with such statute.”
— Idaho Code § 19-2513(1) — 6 cases
— Idaho Code § 19-2513(2) — 5 cases
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