Idaho Code
Idaho Code § 66-347 (2026)
Writ of habeas corpus.
✓ current as of May 2026
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Writ of habeas corpus.
Any individual detained pursuant to this act shall be entitled to the writ of habeas corpus upon proper petition by himself or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which he is detained.
Notes of Decisions
Cited in 4
cases, 1971–1982 · leading case: Application of True, 645 P.2d 891 (Idaho 1982).
Application of True, 645 P.2d 891 (Idaho 1982). “§ 66-340 (1974), in addition to matters which might be brought to the court's attention by way of habeas corpus (I.C. § 66-347) provides adequate safeguards against arbitrary state action.”
Application of Downing, 652 P.2d 193 (Idaho 1982). “C. § 18-214 and is properly brought by means of an application for writ of habeas corpus in the district court where the person is restrained.”
Flores v. Lodge, 617 P.2d 837 (Idaho 1980). “Similarly, the statute makes no mention of relief by habeas corpus, a remedy that is specifically authorized in I.C. § 66-347, a section under the chapter heading, “Hospitalization of Mentally 111.”
Glasco v. Brassard, 483 P.2d 924 (Idaho 1971). “Insofar as the patient is concerned, this procedure breaks down into two separate areas, one the judicial and the other the treatment. Once a patient is committed, I.”
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