20-242. FURLOUGH. (1) When a person is committed to the custody of the
state board of correction, the board may, upon conditions which it may im-
pose, direct that the person be permitted to continue in his regular employ-
ment, work project, or educational program, if that is compatible with the
requirements of subsection (3) of this section, or may authorize the person
to secure employment for himself.
(2) If the board directs that the prisoner be permitted to continue in
his regular employment or education, the board shall arrange for a continua-
tion of the employment or education so far as possible without interruption.
If the prisoner does not have regular employment, and the board has autho-
rized the prisoner to secure employment for himself, the prisoner may do so,
and the board may assist him in doing so. A prisoner who secures employment
with a private employer shall receive the same salary range offered to other
similarly situated employees based on experience, education, and other
qualifications. An employed prisoner shall have available to him all the
benefits offered to other similarly situated employees, such as health care
benefits, paid leave, flexible spending accounts, and life insurance. If
an employed prisoner elects to participate in an optional benefit, he shall
have the same financial responsibility as his coworkers to pay for insurance
premiums and copayments for services received. Employed prisoners who elect
private health insurance shall list the board as a secondary payer.
(3) Whenever the prisoner is not employed and between the hours or pe-
riods of employment, work project, or schooling, he shall be domiciled in a
jail, facility, or residence as directed by the board of correction.
(4) The earnings of the prisoner shall be retained by the prisoner under
such terms and conditions as the board may impose. From such earnings the
board may require that:
(a) The prisoner pay an amount to the board of correction sufficient
for the prisoner's board and personal expenses, both inside and outside
the jail, facility, or residence, including costs of administering such
prisoner's work furlough program;
(b) The prisoner provide for the reasonable and adequate support and
maintenance of the prisoner's dependents;
(c) The prisoner pay preexisting debts;
(d) The prisoner deposit earnings in a financial institution.
(5) If the prisoner violates the conditions established for his con-
duct, custody or employment, the board may order the balance of the pris-
oner's sentence to be spent in actual confinement.
(6) The willful failure of a prisoner to return to the place of confine-
ment no later than the expiration of any period during which he is authorized
to be away from the place of confinement under this section is an escape from
the place of confinement and is punishable as provided by section 18-2505,
Idaho Code.
(7) A furlough may be revoked by the board at any time without notice or
hearing.
[20-242, added 1947, ch. 53, sec. 42, p. 59; am. 1970, ch. 143, sec.
13, p. 425; am. 1979, ch. 215, sec. 1, p. 599; am. 1984, ch. 58, sec. 1, p.
106; am. 2024, ch. 196, sec. 1, p. 701.]