Idaho Code
Idaho Code § 19-2904 (2026)
bail, RELEASE ON RECOGNIZANCE and CONDITIONS OF RELEASE.
✓ current as of May 2026
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bail, RELEASE ON RECOGNIZANCE and CONDITIONS OF RELEASE.
The court may release a person on his own recognizance or set an amount of bail, and may impose any conditions of release. In making these determinations the court shall consider the following objectives:
(1) Ensuring the appearance of the defendant;
(2) Ensuring the integrity of the court process including the right of the defendant to bail as constitutionally provided;
(3) Ensuring the protection of victims and witnesses; and
(4) Ensuring public safety.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1991–2021 · leading case: State v. Cantrell, 80 P.3d 345 (Idaho Ct. App. 2003).
State v. Cantrell, 80 P.3d 345 (Idaho Ct. App. 2003). “" This is not, however, a right to immediate release, but rather a right to release without unnecessary delay upon the payment of bail.”
State v. Sabin, 820 P.2d 375 (Idaho Ct. App. 1991). “46; I.C. §§ 19-2904, -2905; State v. Trefren, 112 Idaho 812 , 736 P.”
State v. Gibson, 431 P.3d 255 (Idaho 2018). “" I.C. § 19-2904. The term " 'conditions of release' means any reasonable restrictions, conditions or prohibitions placed upon the defendant's activities, movements, associations or residences by the court, excluding the court order requiring the defendant to appear in court.”
State v. Mendez (Idaho Ct. App. 2020). “Mendez’s argument that the book-and-release procedure is illegal is based on I.C. § 19-2904, which only 1 Mendez entered his guilty plea pursuant to North Carolina v.”
Thurston v. Ada Cnty. (D. Idaho 2021). “4 Plaintiff also argues that the Complaint states a plausible claim against Defendants because the counties allegedly “procedurally and substantively violated” certain Idaho statutes and court rules, such as Idaho Code § 19-2904 and Idaho Rules of Civil Procedure 44 and 46;…”
State v. Tyrell Ramsey (Idaho Ct. App. 2012). “The district court determined that the testimony at the preliminary hearing did not establish a mitigating 2 Among the factors a court may consider in setting bond are the nature of the charge and any mitigating and aggravating factors that may bear on the likelihood of…”
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