Idaho Code

Idaho Code § 20-239 (2026)

Discharge upon service of maximum term.

✓ current as of May 2026

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Discharge upon service of maximum term.

Any convicted person undergoing sentence in the penitentiary not sooner released under the provisions of this chapter, shall in accordance with the provisions of existing law, be discharged from custody upon serving a maximum sentence provided by law for the offense of which such person was convicted, or the maximum term fixed by the court where the law does not provide for a maximum term. Provided however, if the date of discharge from custody falls on a Saturday, Sunday or legal holiday, then the person may be discharged from custody on the last weekday immediately preceding such Saturday, Sunday or legal holiday.

Notes of Decisions

Cited in 2 cases, 1989–1999 · leading case: Winter v. State, 785 P.2d 667 (Idaho Ct. App. 1989).

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Winter v. State, 785 P.2d 667 (Idaho Ct. App. 1989). · cites it 4× “Idaho Code § 20-239 simply provides for the discharge of prison inmates who have served “the maximum term fixed by the court____” Similarly, I.”

Doan v. State, 979 P.2d 1154 (Idaho 1999). · cites it 2× “§ 20-233 (governing "final discharge” of parolees when they have "performed the obligations of [their] parole”); I.C. § 20-239 (stating that a prisoner shall be discharged upon service of the maximum term fixed by the court).”

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