Idaho Code
Idaho Code § 19-2601 (2026)
Commutation, suspension, withholding of sentence — Probation.
✓ current as of May 2026
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Commutation, suspension, withholding of sentence — Probation.
Whenever any person shall have been convicted, or enter a plea of guilty, in any district court of the state of Idaho, of or to any crime against the laws of the state, except those of treason or murder, the court in its discretion may:
1. Commute the sentence and confine the defendant in the county jail, or, if the defendant is of proper age, commit the defendant to the custody of the state department of juvenile corrections;
2. Suspend the execution of the judgment at the time of judgment or at any time during the term of a sentence in the county jail and may place the defendant on probation under such terms and conditions as it deems necessary and appropriate;
3. Withhold judgment on such terms and for such time as it may prescribe and may place the defendant on probation under such terms and conditions as it deems necessary and appropriate; or
4. Suspend the execution of the judgment at any time during the first three hundred sixty-five (365) days of a sentence to the custody of the state board of correction. The court may retain jurisdiction over the prisoner for a period of up to the first three hundred sixty-five (365) days. Except as provided for in section 19-2601A, Idaho Code, during the period of retained jurisdiction, the state board of correction shall be responsible for determining the placement of the prisoner and such education, programming and treatment as it determines to be appropriate. The prisoner will remain committed to the board of correction if not affirmatively placed on probation by the court. In extraordinary circumstances, where the court concludes that it is unable to obtain and evaluate the relevant information within the period of retained jurisdiction, or where the court concludes that a hearing is required and is unable to obtain the defendant’s presence for such a hearing within such period, the court may decide whether to place the defendant on probation or release jurisdiction within a reasonable time, not to exceed thirty (30) days, after the period of retained jurisdiction has expired. Placement on probation shall be under such terms and conditions as the court deems necessary and appropriate. The court in its discretion may sentence a defendant to more than one (1) period of retained jurisdiction after a defendant has been placed on probation in a case or following release from commitment to the department of juvenile corrections pursuant to section 19-2601A, Idaho Code. In no case shall the board of correction or its agent, the department of correction, be required to hold a hearing of any kind with respect to a recommendation to the court for the grant or denial of probation. Probation is a matter left to the sound discretion of the court. Any recommendation made by the state board of correction to the court regarding the prisoner shall be in the nature of an addendum to the presentence report. The board of correction and its agency, the department of correction, and their employees shall not be held financially responsible for damages, injunctive or declaratory relief for any recommendation made to the district court under this section.
5. If the crime involved is a felony and if judgment is withheld as provided in subsection 3. of this section or if judgment and a sentence of custody to the state board of correction is suspended at the time of judgment in accordance with subsection 2. of this section or as provided by subsection 4. of this section, the court may place the defendant on probation. If the court places the defendant on probation to the board of correction, the court shall include in the terms and conditions of probation a requirement that the defendant enter into and comply with an agreement of supervision with the board of correction. The agreement of supervision shall include provisions setting forth the potential sanctions for a violation of the terms or conditions imposed and potential rewards for compliance with the terms and conditions imposed, as such sanctions and rewards are set forth in rules of the board of correction.
6. If the crime involved is a misdemeanor, indictable or otherwise, or if the court should suspend any remaining portion of a jail sentence already commuted in accordance with subsection 1. of this section, the court, if it grants probation, may place the defendant on probation.
7. The period of probation ordered by a court under this section under a conviction or plea of guilty for a misdemeanor, indictable or otherwise, may be for a period of not more than two (2) years; provided that the court may extend the period of probation to include the period of time during which the defendant is a participant in a problem solving court program and for a period of up to one (1) year after a defendant’s graduation or termination from a problem solving court program. Under a conviction or plea of guilty for a felony the period of probation may be for a period of not more than the maximum period for which the defendant might have been imprisoned.
Notes of Decisions
Cited in 524
cases (65 in the last 5 years), 1950–2026 · leading case: State v. Urrabazo, 244 P.3d 1244 (Idaho 2010).
State v. Urrabazo, 244 P.3d 1244 (Idaho 2010). “Probation is a matter left to the sound discretion of the court---- I.C. § 19-2601 (2005) (emphasis added). The issue for this Court to determine is whether a district court must sentence a defendant to probation before retaining jurisdiction for an additional period.”
State v. Wolfe, 582 P.2d 728 (Idaho 1978). “The reasons why he did not are discussed in Part II of this opinion. Given a review of the record and considering the facts the judge had before him, we cannot say the sentence imposed was excessive or an abuse of discretion.”
State v. Wagenius, 581 P.2d 319 (Idaho 1978). “§ 19-101 prohibits the courts from imposing the criminal sanctions listed in I.”
Franklin v. State, 392 P.2d 552 (Idaho 1964). “This appeal raises the issues whether a district court in withholding sentence on a felony charge, pursuant to I.C. § 19-2601, commuted the sentence to a period of jail servitude ordered as a condition of probation; and whether the court had jurisdiction, under I.”
State v. Petersen, 241 P.3d 981 (Idaho Ct. App. 2010). “However, the district court retained jurisdiction for 180 days pursuant to I.C. § 19-2601(4). 1 The district court ordered that Petersen be committed to the custody of the county sheriff for delivery within seven days to the Idaho State Board of Correction.”
State v. Coassolo, 30 P.3d 293 (Idaho 2001). “I.C. § 19-2601 (Supp.2000) (emphasis added).”
State v. Phillips, 581 P.2d 1173 (Idaho 1978). “It makes little difference whether the Court here adopts the theorizing of the State or the defendant as to whether Judge Ward proceeded under subparagraph (2) or (4) of I.C. § 19-2601. Critical to the determination to be made today is whether Judge Ward granted probation.”
State v. Gill, 244 P.3d 1269 (Idaho Ct. App. 2010). “Idaho Code Section 19-2601 governs commutation, suspension, and withholding of sentences and includes subsections on retained jurisdiction and probation.”
State v. Sonnie Flores, 396 P.3d 1180 (Idaho 2017). “However, pursuant to I.C. § 19-2601(4), the Court suspended the execution of the judgment during the first three hundred sixty-five (365) days of the sentence to the custody of the Idaho State Board of Correction, during which time the Court retained jurisdiction over the…”
State v. Geier, 712 P.2d 664 (Idaho Ct. App. 1985). “Idaho Code § 19-2601 authorizes a court to place a defendant on probation when "execution of the judgment" has been suspended under I.”
State v. Statton, 30 P.3d 290 (Idaho 2001). “This conclusion is buttressed by the language of I.C. § 19-2601 that, "[a]ny recommendation by the department to the court regarding the prisoner shall be in the nature of an addendum to the presentence report.”
State v. Williams, 878 P.2d 213 (Idaho Ct. App. 1994). “Idaho Code § 19-2601 (4) superimposes upon this division of jurisdiction between the courts and the Board a means by which a court may retain jurisdiction even after the defendant is in the physical custody of the Board. By allowing the court to retain jurisdiction for 180 days…”
— Idaho Code § 19-2601(1) — 10 cases
State v. Albertson, 23 P.3d 797 (Idaho Ct. App. 2001).
State v. Allen, 172 P.3d 1150 (Idaho Ct. App. 2007).
State v. Wiedmeier, 824 P.2d 120 (Idaho 1992).
Wilson v. State, 993 P.2d 1205 (Idaho Ct. App. 2000).
State v. Roy, 744 P.2d 116 (Idaho Ct. App. 1987).
— Idaho Code § 19-2601(2) — 55 cases
State v. Gonzales, 171 P.3d 266 (Idaho Ct. App. 2007).
State v. Christopher T. Weaver, 345 P.3d 226 (Idaho Ct. App. 2014).
State v. GAMINO, 230 P.3d 437 (Idaho Ct. App. 2010).
State v. Parker, 139 P.3d 767 (Idaho Ct. App. 2006).
State v. Wagenius, 581 P.2d 319 (Idaho 1978). “§ 19-101 prohibits the courts from imposing the criminal sanctions listed in I.”
— Idaho Code § 19-2601(3) — 48 cases
Peltier v. State, 808 P.2d 373 (Idaho 1991).
State v. Pedraza, 614 P.2d 980 (Idaho 1980).
State v. GAMINO, 230 P.3d 437 (Idaho Ct. App. 2010).
State v. Perkins, 13 P.3d 344 (Idaho Ct. App. 2000).
State v. Murillo, 25 P.3d 124 (Idaho Ct. App. 2001).
— Idaho Code § 19-2601(4) — 211 cases
State v. Urrabazo, 244 P.3d 1244 (Idaho 2010). “Probation is a matter left to the sound discretion of the court---- I.C. § 19-2601 (2005) (emphasis added). The issue for this Court to determine is whether a district court must sentence a defendant to probation before retaining jurisdiction for an additional period.”
State v. Wolfe, 582 P.2d 728 (Idaho 1978). “The reasons why he did not are discussed in Part II of this opinion. Given a review of the record and considering the facts the judge had before him, we cannot say the sentence imposed was excessive or an abuse of discretion.”
State v. Petersen, 241 P.3d 981 (Idaho Ct. App. 2010). “However, the district court retained jurisdiction for 180 days pursuant to I.C. § 19-2601(4). 1 The district court ordered that Petersen be committed to the custody of the county sheriff for delivery within seven days to the Idaho State Board of Correction.”
State v. Sonnie Flores, 396 P.3d 1180 (Idaho 2017). “However, pursuant to I.C. § 19-2601(4), the Court suspended the execution of the judgment during the first three hundred sixty-five (365) days of the sentence to the custody of the Idaho State Board of Correction, during which time the Court retained jurisdiction over the…”
State v. Gill, 244 P.3d 1269 (Idaho Ct. App. 2010). “Idaho Code Section 19-2601 governs commutation, suspension, and withholding of sentences and includes subsections on retained jurisdiction and probation.”
— Idaho Code § 19-2601(5) — 5 cases
Peltier v. State, 808 P.2d 373 (Idaho 1991).
State v. Pedraza, 614 P.2d 980 (Idaho 1980).
State v. Geier, 712 P.2d 664 (Idaho Ct. App. 1985). “Idaho Code § 19-2601 authorizes a court to place a defendant on probation when "execution of the judgment" has been suspended under I.”
State v. Schultz, 214 P.3d 661 (Idaho Ct. App. 2009).
State v. Slinkard (Idaho Ct. App. 2025).
— Idaho Code § 19-2601(6) — 2 cases
State v. Josephson, 858 P.2d 825 (Idaho Ct. App. 1993).
State v. Josephson, 867 P.2d 993 (Idaho Ct. App. 1993).
— Idaho Code § 19-2601(7) — 11 cases
State v. Geier, 712 P.2d 664 (Idaho Ct. App. 1985). “Idaho Code § 19-2601 authorizes a court to place a defendant on probation when "execution of the judgment" has been suspended under I.”
State v. Horejs, 141 P.3d 1129 (Idaho Ct. App. 2006).
State v. Roy, 744 P.2d 116 (Idaho Ct. App. 1987).
State v. Josephson, 858 P.2d 825 (Idaho Ct. App. 1993).
State v. Kesling Order Revoking Prob., 315 P.3d 861 (Idaho Ct. App. 2013).
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