What is a ‘rider’ in the felony context?
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A judge in an Idaho felony case, either at the time of sentencing or at the time of disposition of a probation violation, may sentence a defendant to a one-year period of retained jurisdiction under Idaho Code § 19-2601(4).
When the judge does this, he or she also informs the defendant of the underlying prison sentence that will be imposed if the defendant does not successfully complete their Rider program during this one-year period. The defendant is then held in a county jail until they can be moved to the Receiving and Diagnostics Unit (RDU) at the Idaho Department of Correction.
While at RDU, staff members assess these retained-jurisdiction inmates — sometimes also referred to as “riders” — to determine their needs and place them in the appropriate facility, where they receive different levels of programming and education.
2 Rider programs
The two most common Rider programs are the “Correctional Alternative Placement Program (CAPP) Rider” and the “Traditional Rider.”
The CAPP Rider is designed for defendants who need assistance addressing substance abuse problems. It is generally a shorter program, and defendants can finish in as little as 90 days.
A Traditional Rider is for programming for cognitive and behavioral issues. The length of a defendant’s Rider program here is dependent on that individual’s needs — the underlying crime is not determinative.
Life after a rider
If a defendant fails to successfully complete his or her rider, the court will — in almost every circumstance — relinquish jurisdiction to the Idaho Board of Correction. This means the defendant will start serving out his or her underlying sentence.
Still, the defendant does get credit for time served toward that underlying sentence for all days spent on the Rider program, at the RDU and while waiting at the county jail for transport to his or her Rider program.
Correcting a sentence
Pursuant to Idaho Criminal Rule 35(b), a defendant has 120 days from the entry of the order releasing retained jurisdiction to file a motion to correct a sentence that has been imposed in an illegal manner or to reduce a sentence, generally based on unique circumstances wherein justice so requires.
For instance, if a defendant was savagely beaten and fell into a coma for several months, and that is why he or she did not complete the Rider program within 12 months, perhaps the judge would commute that person’s sentence.
Affect on personal gun rights
If a defendant serves a period of retained jurisdiction, he or she unfortunately does not qualify for restoration of firearms rights via a full setting aside and dismissal of the case under Idaho Code § 19-2604(1). This is the case even if the defendant subsequently gets placed on probation and successfully completes it.
RELATED | How to restore your gun rights in Idaho
This column provides general information and is not to be considered legal advice. Readers with specific legal questions should consult an attorney. The Idaho State Bar Association provides a lawyer referral service through its website at isb.idaho.gov.
Adam J. Ondo is an associate attorney at Tatum Wysocki Law, P.C., where he litigates criminal and child protection cases on behalf of defendants. He is also an avid hunter and participant in multiple shooting sports.