ID H0620

Sheriffs cannot publicly release booking photographs for individuals booked solely for misdemeanors not involving assault or battery who were placed on mental health holds within 24 hours of booking, except to law enforcement agencies for internal processing.

Booking photographs for qualifying individuals may only be made public upon disposition of criminal charges through a guilty finding or guilty/nolo contendere plea, but not earlier than 3 months after booking.

Sheriffs retain authority to publicly display booking photographs for protection of the public, officer safety, or in emergencies, regardless of the restrictions above.

"Booking photograph" is defined as a photograph or image generated for identification purposes when an individual is booked into a county jail.

Booking photographs for individuals meeting the specified criteria are exempt from public disclosure under Idaho's public records law, effective January 1, 2023.