Idaho Code
Idaho Code

Idaho Code § 20-222 (2026)

fixed period of probation or suspension of sentence — Rearrest and revocation. 

✓ current as of May 2026
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fixed period of probation or suspension of sentence — Rearrest and revocation. 

(1) The period of probation or suspension of sentence shall be fixed by the court and may at any time be extended or terminated by the court. Such period with any extension thereof shall not exceed the maximum period for which the defendant might have been imprisoned.

(2)  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Thereupon the court, after summary hearing may revoke the probation and suspension of sentence and cause the sentence imposed to be executed, or may cause the defendant to be brought before it and may continue or revoke the probation, or may impose any sentence which originally might have been imposed at the time of conviction. In making a determination to continue or revoke probation and suspension of sentence, the court shall consider the defendant’s risks and needs and options for treatment in the community.
Notes of Decisions
Cited in 81 cases (5 in the last 5 years), 1967–2024 · leading case: State v. GAMINO, 230 P.3d 437 (Idaho Ct. App. 2010).
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State v. GAMINO, 230 P.3d 437 (Idaho Ct. App. 2010). · cites it 74× “He contended that under Idaho Code § 20-222 , any action to revoke probation must be commenced within the probation term, and because the prosecutor's motion here was not filed until six days after expiration of Gamino's probation, the motion was untimely and the district court…”
State v. Kody Ray Gibbs, 405 P.3d 567 (Idaho 2017). · cites it 30× “We made short work of this argument: “Idaho Code § 20-222 is clear on its face.”
State v. Osborn, 449 P.3d 419 (Idaho 2019). · cites it 18× “” I.C. § 20-222. Importantly, under this statute, a suspended sentence is not executed until the court has determined that a probation violation has occurred.”
State v. Pedraza, 614 P.2d 980 (Idaho 1980). · cites it 20× “*982 However, according to I.C. § 20-222, a sentencing court which has found the defendant to be in violation of his probation "may revoke the probation and suspension of sentence and cause the sentence imposed to be executed, or may cause the defendant to be brought before it…”
State v. Hass, 758 P.2d 713 (Idaho Ct. App. 1988). · cites it 6× “I.C. § 20-222; State v. Case, 112 Idaho 1136 , 739 P.”
State v. Jason Zane Garner, 390 P.3d 434 (Idaho 2017). · cites it 6× “I.C. § 20-222. In - making the argument that Rule 33(f) conflicts with these statutes, the State has overlooked the emphasized language.”
State v. Doe, 208 P.3d 730 (Idaho 2009). · cites it 8× “For purposes of analysis, the Court of Appeals applied the version of I.C. § 20-222 in effect at the time of Harvey’s original sentencing.”
Muchow v. State, 128 P.3d 938 (Idaho 2006). · cites it 22× “Idaho Code § 20-222 states in pertinent part: The period of probation or suspension of sentence may be indeterminate or may be fixed by the court, and may at any time be extended or terminated by the court.”
Peltier v. State, 808 P.2d 373 (Idaho 1991). · cites it 11× “6 In Pedraza we stated: We are convinced that the portion of the statute which permits a court to “impose any sentence which originally might have been imposed at the time of conviction” refers only to a revocation of probation following a withheld judgment, while the portion…”
State v. Horejs, 141 P.3d 1129 (Idaho Ct. App. 2006). · cites it 14× “Idaho Code § 20-222 provides in part: The period of probation or suspension of sentence may be indeterminate or may be fixed by the court, and may at any time be extended or terminated by the court.”
State v. Harvey, 132 P.3d 1255 (Idaho Ct. App. 2006). · cites it 12× “I.C. § 20-222. Thereupon, the court may revoke or continue probation.”
State v. Geier, 712 P.2d 664 (Idaho Ct. App. 1985). · cites it 12× “" In contrast, I.C. § 20-222, part of a statutory scheme relating to the Board of Correction, provides that a "period of probation or suspension of sentence .”
Show all 81 citing cases →
— Idaho Code § 20-222(1) — 4 cases
State v. Kody Ray Gibbs, 405 P.3d 567 (Idaho 2017). “We made short work of this argument: “Idaho Code § 20-222 is clear on its face.”
State v. Jesse Elias, 337 P.3d 670 (Idaho 2014).
State v. Dunne, 461 P.3d 823 (Idaho Ct. App. 2020).
State v. Medrano, 502 P.3d 61 (Idaho Ct. App. 2021).
— Idaho Code § 20-222(2) — 8 cases
State v. Osborn, 449 P.3d 419 (Idaho 2019). “” I.C. § 20-222. Importantly, under this statute, a suspended sentence is not executed until the court has determined that a probation violation has occurred.”
State v. Moses Olivas, Jr., 347 P.3d 1189 (Idaho 2015).
State v. Kody Ray Gibbs, 405 P.3d 567 (Idaho 2017). “We made short work of this argument: “Idaho Code § 20-222 is clear on its face.”
State v. Dunne, 461 P.3d 823 (Idaho Ct. App. 2020).
State v. Olsen (Idaho 2022).
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